Schmidt v. Bank (In Re Schmidt)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
FEDERMAN, Bankruptcy Judge.
Klein Bank appeals from the Orders of the Bankruptcy Court denying its motions to remand its replevin actions which had been removed from the state court to the bankruptcy court. In denying the motions, the Bankruptcy Court concluded that the replevin actions are core proceedings. While this appeal was pending, the United States Supreme Court clarified that core proceedings are limited to those “arising under or arising in” a bankruptcy-case. 1 Based on that, we now conclude that the matters involved in the replevin actions were not core proceedings. Accordingly, we…
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