Levin v. Paige (In re Stein)

(S.D. Ind. June 2, 2017)

The district court denies the defendant’s motion to withdraw the reference in this fraudulent conveyance action. The defendant answered the complaint, requesting a jury trial and noting that he does not consent to adjudication by the bankruptcy judge. The district court acknowledges that the bankruptcy court lacks authority to conduct a jury trial without express consent of all parties. However, the district court holds that immediate transfer is not necessary. The bankruptcy court may handle all pretrial matters, and the case can be transferred to the district court if a jury trial becomes necessary. Opinion below.

Judge: Pratt

Attorneys for Trustee: Rubin & Levin, PC, James E. Rossow, Jr. John M. Rogers

Attorney for Defendant: Jeffrey O. Meunier

2017-06-02 – in re stein

Author: Matt Lindblom

Nicholson v. Hyundai Capital America, Inc.

(W.D. Ky. May 2, 2017)

The district court denies the debtor’s motion to withdraw the referral of one count of her complaint to the bankruptcy court. The defendant had filed a motion with the bankruptcy court seeking to have the count dismissed because it was not a core claim. The debtor then sought an order withdrawing the reference to avoid litigating the jurisdictional question. The district court declines to grant the motion, stating that the bankruptcy court should rule on the motion to dismiss, as it has jurisdiction to consider the issue presented with the motion. Opinion below.

Judge: Russell

Attorneys for Plaintiff/Debtor: Whitford & Neuhauser, Ross B. Neuhauser

Attorneys for Defendants: Reimer Law Co., Dennis Mark Ostrowski; Smith, Rolfes & Skavdahl, Co., LPA, Neil P. Baine

2017-05-02 – in re nicholson

Author: Matt Lindblom

Golson-Dunlap v. HSBC Capital (USA), Inc. (In re Garrison)

(S.D. Ind. Feb. 5, 2016)

The district court grants the unopposed motion to withdraw the reference and the motion to dismiss the adversary proceeding with prejudice. The court discusses the standard for withdrawal motions, and finds that the standard is met here. The claims arise out of a contractual relationship outside the bankruptcy and would not be resolved through the claims resolution process. Thus, the bankruptcy court could not issue a final judgment in the matter absent the movant’s consent. Opinion below.

2016-02-05 – in re garrison

Author: Matt Lindblom

Chinook USA, LLC v. Duck Commander, Inc.

(W.D. Ky. Jan. 8, 2016)

The district court grants the defendants’ motion to withdraw the reference to the bankruptcy court. The debtor filed this action prior to filing its bankruptcy petition. The debtor then asserted the same claims against the defendant in an adversary proceeding. The court holds that there is good cause for withdrawal of the reference because of the overlapping facts, parties, issues, and requested relief. Opinion below.

2016-01-08 – chinook usa v duck commander

Author: Matt Lindblom

Irvin v. Faller

(W.D. Ky. May 7, 2015)

The district court denies the adversary proceeding defendant’s motion to withdraw the reference. The plaintiffs obtained a state court judgment against the defendant before the defendant filed his Chapter 7 petition. The plaintiffs then commenced the adversary proceeding to have the judgment declared non-dischargeable. The court first concludes that the motion was not timely filed, as it was filed nearly a year after the adversary complaint and after substantial briefing in the bankruptcy court. The court also concludes that the defendant failed to show cause for a discretionary withdraw of the reference because the non-dischargeability action was a core proceeding and the defendant was not entitled to a jury trial. Opinion below.

2015-05-07 – irvin v faller

Author: Matt Lindblom

Roach v. Barcus (In re Bolen)

(N.D. Ind. Feb. 18, 2015)

The district court denies the request to withdraw the reference to the bankruptcy court. The defendants requested a jury trial in the bankruptcy court and then received an adverse ruling on their motion to dismiss. Then the defendants requested that the reference be withdrawn. The court denies the request based on the request being untimely and to discourage the apparent forum shopping. A motion to withdraw the reference should be made at the time of the jury demand. Opinion below.

2015-02-18 – roach v barcus

Author: Matt Lindblom