· 5/31/2011
Park Avenue Radiologists, P.C. v. Melnick (In Re Park Avenue Radiologists, P.C.)
Citations
- 450 B.R. 461
- 2011 WL 2134976
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that post- confirmation jurisdiction shrinks only to matters that have a close nexus to the plan and where the plan explicitly retains jurisdiction over the dispute
- finding that that a bankruptcy court has jurisdiction over a matter “when [it] affects the interpretation, implementation, consummation, execution or administration of the confirmed plan or incorporated litigation trust agreement”
- reviewing whether the plaintiff established that the proceeding had a sufficiently close nexus to the plan and whether the relevant bankruptcy plan retained jurisdiction over post-effective date adversary proceedings
- “[M]ost courts agree that once confirmation occurs, the bankruptcy court’s jurisdiction [under Section 1334] shrinks.”
- “Additionally, 11 U.S.C. § 1142 confers limited post- confirmation jurisdiction upon the bankruptcy court for the purpose of implementing the plan.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin Glenn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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