Legal Opinion

BWI Liquidating Corp. v. City of Rialto (In Re BWI Liquidating Corp.)

United States Bankruptcy Court, D. Delaware

Decided September 28, 2010No. 19-10473PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion filed by the City of Rialto and Rialto Utility Authority (collectively “Rialto”) to dismiss for lack of subject matter jurisdiction, abstain, or transfer venue of this adversary proceeding commenced by BWI Liquidating Trust (“the Plaintiff’), which asserts a claim for breach of contract of a Water Services Agreement (“WSA”). For the reasons set forth below, the Motion will be granted, in part, and the adversary will be dismissed for lack of jurisdiction.

I.BACKGROUND

BWI designed, built and implemented systems…

2Cases cited16 opinions

  1. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  2. Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
  3. In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
  4. In Re Resorts International, Inc.Court of Appeals for the Third Circuit · 2004
  5. In Re the Guild and Gallery Plus, Inc., Debtor. John B. Torkelsen v. Carmen J. MaggioCourt of Appeals for the Third Circuit · 1996

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3Cited by16 opinions

  1. In re Millennium Lab Holdings II, LLCUnited States Bankruptcy Court, D. Delaware · 2016
  2. Penson Techs. LLC v. Schonfeld Grp. Holdings LLC (In re Penson Worldwide)United States Bankruptcy Court, D. Delaware · 2018
  3. Fairchild Liquidating Trust v. New York (In Re Fairchild Corp.)United States Bankruptcy Court, D. Delaware · 2011
  4. McKinstry v. SergentDistrict Court, E.D. Kentucky · 2011
  5. Liquidating Trustee of the MPC Liquidating Trust v. Granite Financial Solutions, Inc. (In re MPC Computers, LLC)United States Bankruptcy Court, D. Delaware · 2012

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

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