Acolyte Electric Corp. v. City of New York

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a turnover action “does not constitute a core proceeding under § 157(b)(2)(E)” when there is “a bona fide dispute” or a “legitimate dispute” as to debtor’s right to the property
• placing burden on debtor to demonstrate that parallel state court proceeding cannot be timely adjudicated and rejecting debtor’s “conclusory statement that matters generally take longer to work their way through the state court in this area of the country”
• the nature of the proceeding and judicial economy are factors that can justify withdrawal for cause
• a turnover proceeding is considered a core proceeding under § 542(b) when its purpose is the collection rather than the creation of a matured debt
• to the extent that bona-fide dispute exists with regard to an identifiable fund or res, a proceeding to recover the res is not a turnover
• action is not a turnover action merely because it brings funds into the estate

Source: CourtListener parenthetical corpus (CC0).