Legal Opinion
In re Encore Prop. Mgmt. of W. N.Y., LLC
United States Bankruptcy Court, W.D. New York
Decided February 16, 2018No. Bankruptcy Case No. 18–20014–PRWPublishedCited by 13 opinions
1Opinion of the Court
I
JURISDICTION
The Court has jurisdiction under 28 U.S.C. §§ 157(a), 157(b)(1), and 1334(b). This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (O). This decision constitutes the Court's findings of fact and conclusions of law to the extent required by Rule 7052 FRBP.
II
BACKGROUND
A. The Wells Fargo Motion
The mountain of exhibits attached to Wells Fargo's motion to dismiss-tracing the glacial progress of the state court litigation-must have required the assistance of several Sherpas to lug to the courthouse. The nine-year history of the litigation between the parties in the state courts…
2Cases cited8 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Rajamin v. Deutsche Bank National Trust Co.Court of Appeals for the Second Circuit · 2014
- In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
- In Re HBA East, Inc.United States Bankruptcy Court, E.D. New York · 1988
- Clear Blue Water, LLC v. Oyster Bay Management Co.District Court, E.D. New York · 2012
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re ButtUnited States Bankruptcy Court, W.D. New York · 2019
- East/Alexander Holdings,LLCUnited States Bankruptcy Court, W.D. New York · 2022
- In re: Edward B. ScharfenbergerUnited States Bankruptcy Court, N.D. New York · 2026
- In re: YUE WAH CHAO; In re: KERRY GROUP CORPORATION; In re: WARINGIN LTD; In re: GOLDEN BILLION TRUST; In re: SALIM GROUP TRUSTUnited States Bankruptcy Court, S.D. New York · 2026
- In re: Yue Wah Chao; In re: Kerry Group Corporation; In re: Waringin Ltd; In re: Golden Billion Trust; In re: Salim Group TrustUnited States Bankruptcy Court, S.D. New York · 2026
8 more not listed; retrieve them via the Exa API.