· 9/10/2013
Wilshire Courtyard v. California Franchise Tax Board
Citations
- 729 F.3d 1279
- 2013 WL 4797288
- 2013 U.S. App. LEXIS 18777
- 58 Bankr. Ct. Dec. (CRR) 117
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- afiirming use of the close nexus test stated in Pegasus Gold for post-confirmation litigation in a reopened case of a partnership debtor requiring interpretation of tax aspects of a confirmed plan vis a vis debtor’s partners
- “The burden of establishing subject matter jurisdiction rests on the party asserting that the court has jurisdiction.”
- “[T]he bankruptcy court may exercise jurisdiction over proceedings that would otherwise violate the [Tax Injunction] Act where the relief sought was necessary to the enforcement of specific Bankruptcy Code provisions.”
- “the ultimate merits question depends in part on the interpretation of the confirmed Plan.”
- explaining bankruptcy court jurisdiction under 28 U.S.C. § 1334(b)
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Paez, Conlon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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