Legal Opinion
Emerald Capital Advisors Corp. v. Karma Automotive LLC (In re FAH Liquidating Corp.)
United States Bankruptcy Court, D. Delaware
Decided February 16, 2017No. Case No. 13-13087(KG); Adv. Pro. No. 16-51528(KG)PublishedCited by 7 opinions
1Opinion of the Court
KEVIN GROSS, U.S.B.J.
OPINION
In this adversary proceeding there are two issues for the Court to decide. First, does the Court have “arising in” or “related to” jurisdiction and, second, should the Court abstain from deciding the case. The parties have briefed and argued the issues.
On a Rule 12(b)(1) motion to dismiss, the Court accepts as true the plaintiffs factual allegations in the Complaint. Petruska v. Gannon University, 462 F.3d 294, 299 (3d Cir. 2006). A motion to dismiss under Rule 12(b)(1) is an objection to the federal court’s power to adjudicate a case. Id. at 302; and Democracy…
2Cases cited18 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
- Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
- In Re Resorts International, Inc.Court of Appeals for the Third Circuit · 2004
- Donaldson v. BernsteinCourt of Appeals for the Third Circuit · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Davis v. State (In re Venoco, LLC)United States Bankruptcy Court, D. Delaware · 2019
- Beskrone v. Int'l Educ. Corp. (In re Pennysaver USA Publ'g, LLC)United States Bankruptcy Court, D. Delaware · 2018
- Green v. Mitsui Sumitomo Insurance Company, LimitedUnited States Bankruptcy Court, D. Delaware · 2021
- In re: Patriot National, Inc.District Court, D. Delaware · 2020
- MILLBURN MALL HOLDINGS, LLC v. WALGREEN EASTERN CO., INC.District Court, D. New Jersey · 2020
2 more not listed; retrieve them via the Exa API.