Peterson v. 610 W. 142 Owners Corp. (In Re 610 W. 142 Owners Corp.)

How courts have described this case

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

• holding that prepetition state law causes of action for negligence and breach of fiduciary duty that do not involve the application of bankruptcy law are non-core proceedings
• finding that pre-petition state law claims “are not core claims under 28 U.S.C. § 157(b)(2)(O) merely because the estate will receive funds that in turn will affect creditors’ recoveries, if liability is found.”
• finding that pre-petition state law claims “are not core claims under 28 U.S.C. § 157(b)(2)(O) merely because the estate will receive funds that in turn will affect creditors' recoveries, if liability is found.”
• holding the breach of fiduciary duty and negligence claims to be “related to” the bankruptcy ease because if plaintiffs were successful in their actions against the defendants, the outcome would affect property available for distribution to creditors
• resolution of breach of fiduciary duty claims “will affect property available for distribution to creditors of the bankruptcy estate through either the Directors and Officers’ liability insurance coverage or if the [directors] are personally liable”
• that the plaintiffs may recover a portion or all of any judgments against the defendant from insurance proceeds does not transform this otherwise non-core, related-to adversary proceeding into a core matter

Source: CourtListener parenthetical corpus (CC0).