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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.