Ames Department Stores Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores Inc.)
District Court, S.D. New York
1Opinion of the Court
OPINION & ORDER
ANDREW L. CARTER, JR., District Judge.
This Court is presented with the question of whether, under 28 U.S.C. § 157(d), it must withdraw from Bankruptcy Court the reference of an adversary proceeding involving a dispute between the Plaintiff-bankruptcy trustee and the Defendant-insurance company over ownership of $8 million in trust. Defendant argues that withdrawal is mandatory because the Bankruptcy Court’s resolution of Defendant’s challenge to its jurisdiction would necessarily involve significant interpretation of non-bankruptcy federal law. For the reasons stated below,…
2Cases cited17 opinions
- United States Department of Treasury v. FabeSupreme Court of the United States · 1993
- Humana Inc. v. ForsythSupreme Court of the United States · 1999
- L. Claire Lander, Charles M. Droz, Julian Block, and Zelda Block v. Hartford Life & Annuity Insurance Company and Hartford Life Insurance CompanyCourt of Appeals for the Second Circuit · 2001
- Federal Deposit Insurance v. Four Star Holding Co.Court of Appeals for the Second Circuit · 1999
- Spirt v. Teachers Insurance & Annuity Ass'nCourt of Appeals for the Second Circuit · 1982
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3Cited by6 opinions
- Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2015
- Cordova v. City of ChicagoDistrict Court, N.D. Illinois · 2020
- Irving H. Picard v. Sage AssociatesDistrict Court, S.D. New York · 2021
- Irving H. Picard v. Sage RealtyDistrict Court, S.D. New York · 2021
- Irving H. Picard v. The Estate of Robert Shervyn SavinDistrict Court, S.D. New York · 2020
1 more not listed; retrieve them via the Exa API.