Legal Opinion

O'Toole v. McTaggart (In Re Trinsum Group, Inc.)

United States Bankruptcy Court, S.D. New York

Decided April 9, 2012No. 19-22219PublishedCited by 43 opinions

1Opinion of the Court

OPINION DENYING PLAINTIFF’S MOTION TO MODIFY ORDER

MARTIN GLENN, Bankruptcy Judge.

This case raises an important issue regarding when a bankruptcy court must enter proposed findings of fact and conclusions of law under Rule 9033 of the Federal Rules of Bankruptcy Procedure in non-core matters, or in core matters in which the bankruptcy court may not enter a final order or judgment consistent with Article III of the U.S. Constitution. In this case, an adversary complaint was filed against eleven defendants alleging claims that are non-core, or core but not subject to entry of a final order or…

2Cases cited9 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Lesser v. A-Z Associates (In Re Lion Capital Group)United States Bankruptcy Court, S.D. New York · 1985
  3. Kushner v. Winterthur Swiss Insurance CompanyCourt of Appeals for the Third Circuit · 1980
  4. In The Matter Of King City Transit Mix, Inc.Court of Appeals for the Ninth Circuit · 1984
  5. Elkins v. X-Alpha Int'l, Ltd. (In Re Kennedy)United States Bankruptcy Court, D. Arizona · 1985

4 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Trevino v. HSBC Mortgage Services, Inc. (In re Trevino)United States Bankruptcy Court, S.D. Texas · 2015
  2. Residential Funding Co. v. UBS Real Estate Securities, Inc. (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2014
  3. Lehman Bros. Holdings Inc. v. JPMorgan Chase Bank, N.A. (In Re Lehman Bros. Holdings Inc.)United States Bankruptcy Court, S.D. New York · 2012
  4. Sheehan v. Warner (In re Warner)United States Bankruptcy Court, N.D. West Virginia · 2012
  5. Lightsway Litigation Services, LLC v. Yung (In re Tropicana Entertainment, LLC)United States Bankruptcy Court, D. Delaware · 2014

38 more not listed; retrieve them via the Exa API.

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