Legal Opinion

Ames Department Stores Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores Inc.)

District Court, S.D. New York

Decided July 3, 2014No. 12-cv-08365 (ALC)PublishedCited by 6 opinions

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

  1. United States Department of Treasury v. FabeSupreme Court of the United States · 1993
  2. Humana Inc. v. ForsythSupreme Court of the United States · 1999
  3. 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
  4. Federal Deposit Insurance v. Four Star Holding Co.Court of Appeals for the Second Circuit · 1999
  5. Spirt v. Teachers Insurance & Annuity Ass'nCourt of Appeals for the Second Circuit · 1982

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3Cited by6 opinions

  1. Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2015
  2. Cordova v. City of ChicagoDistrict Court, N.D. Illinois · 2020
  3. Irving H. Picard v. Sage AssociatesDistrict Court, S.D. New York · 2021
  4. Irving H. Picard v. Sage RealtyDistrict Court, S.D. New York · 2021
  5. Irving H. Picard v. The Estate of Robert Shervyn SavinDistrict Court, S.D. New York · 2020

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