· 9/28/2010
BWI Liquidating Corp. v. City of Rialto (In Re BWI Liquidating Corp.)
Citations
- 437 B.R. 160
- 2010 Bankr. LEXIS 3284
- 53 Bankr. Ct. Dec. (CRR) 201
- 2010 WL 3834353
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[t]he Court has jurisdiction to determine whether it has subject matter jurisdiction over this adversary proceeding.”
- holding that to retain post- confirmation “related to” jurisdiction, a plan must specifically describe a cause of action and that a plan’s “broad” retention of jurisdiction which does not specifically identify the action is insufficient to show it has a close nexus to the bankruptcy proceeding
- “a Plan must specifically describe a cause of action in order to retain ‘related to’ jurisdiction.”
- “A ‘close nexus’ may be found where the plan specifically enumerates the cause of action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mary F. Walrath
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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