· 11/13/2008
Joremi Enterprises, Inc. v. Hershkowitz (In Re New 118th LLC)
Citations
- 396 B.R. 885
- 2008 Bankr. LEXIS 2931
- 50 Bankr. Ct. Dec. (CRR) 235
- 2008 WL 4890143
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that “garden-variety state law claim[s] between non-debtor parties” are non-core
- noting that “a core proceeding is one that invokes a substantive right under [T]itle 11, or could only arise in the context of a bankruptcy case” (citing Binder v. Price Waterhouse & Co., LLP (In re Resorts Int’l, Inc.), 372 F.3d 154, 162–63 (3d Cir. 2004
- “Generally, a core proceeding is one that invokes a substantive right under title 11, or could only arise in the context of a bankruptcy case.”
- “However, this thirty-day deadline to seek remand under § 1447(c) is inapplicable to a request for remand from the bankruptcy court ‘on any equitable ground’ under § 1452(b).”
- “in ‘a chapter 11 case with a confirmed liquidating plan, where the primary concern is the orderly accumulation and distribution of assets, the requirement of timely adjudication is seldom significant’”
- garden-variety state court claims between non-debtor parties not within court’s core jurisdiction
Source: CourtListener parenthetical corpus (CC0).
Judges: Stuart M. Bernstein
Read full opinion on CourtListenerSourced 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.