Fruit of the Loom, Inc. v. Magnetek, Inc. (In Re Fruit of the Loom, Inc.)

How courts have described this case

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

• holding that this factor favored abstention where the proceeding centered on an ordinary contract dispute under New York state law and no Bankruptcy Code provision was implicated
• “[T]he ordinary contract dispute exists outside of bankruptcy. Thus, the adversary proceeding is not a ‘core’ proceeding, and this factor favors abstention.”
• “As there are no “core” bankruptcy issues, severance of state law claims is not necessary”
• “As this [bankruptcy court] cannot conduct a jury trial,” the possibility of such a trial “favors abstention”
• “As there are no “core” bankruptcy issues, severance of state law claims is not necessary”
• “[T]hough neither party has requested a jury trial yet, breach of contract is triable by a jury. As this Court cannot conduct a jury trial, this [factor] favors abstention.”

Source: CourtListener parenthetical corpus (CC0).