· 5/17/2007
Valley Historic Limited Partnership v. The Bank of New York
Citations
- 486 F.3d 831
- 58 Collier Bankr. Cas. 2d 166
- 2007 U.S. App. LEXIS 11556
- 48 Bankr. Ct. Dec. (CRR) 67
- 2007 WL 1439734
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “the very purpose of bankruptcy is to discharge or restructure the debt that has caused the bankruptcy”
- explaining that tortious interference claim by debtor against lender that was premised upon actions extraneous to the bankruptcy did not arise in debtor’s bankruptcy case
- deciding even res judicata does not overcome a bankruptcy court’s obligation to determine its subject matter jurisdiction
- noting that, in the context of a Chapter 11 proceeding, Section 1334(e) “creates exclusive jurisdiction over ‘property’ for a limited period of time—until confirmation and the property vests in the reorganized debtor”
- explaining that “related to” jurisdiction is implicated if a civil action could alter the debtor’s rights and liabilities and impacts the administration of 19 USCA4 Appeal: 22-1135 Doc: 57 Filed: 06/20/2023 Pg: 20 of 47 the bankruptcy estate
- explaining that “related to” jurisdiction is implicated if a civil action could alter the debtor’s rights and liabilities and impacts the administration of 19 USCA4 Appeal: 22-1127 Doc: 58 Filed: 06/20/2023 Pg: 20 of 47 the bankruptcy estate
Source: CourtListener parenthetical corpus (CC0).
Judges: Shedd, Duncan, Wilson, Western, Virginia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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