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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.