· 9/23/2002
Statutory Committee of Unsecured Creditors Ex Rel. Iridium Operating LLC v. Motorola, Inc. (In Re Iridium Operating LLC)
Citations
- 285 B.R. 822
- 2002 U.S. Dist. LEXIS 25701
- 2002 WL 31681536
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that breach of fiduciary duty, and aiding and abetting breach of fiduciary duty claims are “traditionally labeled non-core”
- stating that the strong policy favoring the enforcement of a forum selection clause is not as strong in a core proceeding because enforcement would frustrate the bankruptcy policy of centralizing core matters
- stating that the strong policy favoring the enforcement of a forum selection clause is not as strong in a core proceeding because enforcement would frustrate the bankruptcy policy of centralizing core matters
- “[T]he Second Circuit and courts in this district have consistently held adversary proceedings against a creditor that have traditionally been non-core to be core pursuant to §§ 157(b)(2)(B) & (C
- “[A]ll of the claims in this adversary proceeding arise from the same operative facts as the core claims and [creditor’s] proofs of claim, administrative expenses, and affirmative defenses. Thus, they are core claims.”
- “[Although there is a strong policy favoring the enforcement of forum selection clauses in this Circuit, this policy is not so strong as to mandate that forum selection clauses be adhered to where the dispute is core”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pauley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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