Legal Opinion

Irvin v. Faller

United States Bankruptcy Court, W.D. Kentucky

Decided May 7, 2015No. Civil Action No. 1:15-CV-00025-JHMPublishedCited by 2 opinions

1Opinion of the Court

Memorandum Opinion and Order

JOSEPH H. McKINLEY, JR., Chief Judge.

This matter is before the Court on a motion by Defendant James S. Faller, II, to withdraw reference of this adversary proceeding from the bankruptcy court pursuant to 28 U.S.C. § 157(d) [DN 1], Fully briefed, this matter is ripe for decision. For the following reasons, the Motion to Withdraw Reference is DENIED.

I. Background

Prepetition, Plaintiffs filed defamation and abuse of process claims against Defendant, James S. Faller, II, in Russell Circuit Court.1 The cases were consolidated and tried before a jury on November 5, 2013.…

2Cases cited20 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  3. Tull v. United StatesSupreme Court of the United States · 1987
  4. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
  5. In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993

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3Cited by2 opinions

  1. In re: John Frederick Shastal, Jr. and Kimberly Ann Shastal v. Samuel D. Sweet, Chapter 7 Trustee, et al. v. Majors Law, PLLC, et al.District Court, E.D. Michigan · 2026
  2. W.I.S.E. Underwriting Agency Limited v. OGGUSA, Inc.District Court, E.D. Kentucky · 2021

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