Pilgrim v. Aetna Life Insurance

How courts have described this case

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

• holding that “if § 502(d) were applicable to this action, the bankruptcy court would necessarily need to resolve Plaintiffs’ avoidance action prior to ruling on [creditor’s] proof of claim.”
• holding that previously transferred property is not property of a debtor's estate
• observing that defendant’s request for a jury trial request was not sufficient by itself to mandate withdrawal, but “examin[ing] whether the other considerations identified by the Second Circuit in Orion warrant withdrawing the reference at this stage”
• denying motion to withdraw given the bankruptcy court’s “wealth of knowledge and experience with fraudulent transfer claims” and “with the administration of the entire Lehman bankruptcy” (citations omitted)
• “[G]iven the bankruptcy court’s involvement thus far in the litigation, the Court finds that judicial economy weighs against withdrawing the reference at this time.” (collecting cases)
• “it is well settled that property transferred by the debtor is not ‘property of the estate’ until the debtor succeeds in compelling the property’s return”

Source: CourtListener parenthetical corpus (CC0).