Legal Opinion

United Methodist Youthville, Inc. v. Lutheran Social Services (In Re United Methodist Youthville, Inc.)

United States Bankruptcy Court, D. Kansas

Decided March 10, 2003No. 19-40089Published

1Opinion of the Court

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

This adversary proceeding is before the Court on the defendant Lutheran Social Services of Kansas Oklahoma, Inc.’s (“LSS”) Motion to Dismiss (“Motion”) for lack of subject matter jurisdiction. 1 LSS contends that the bankruptcy court lacks jurisdiction over plaintiffs action to collect a receivable owed by LSS because such an action is not a core proceeding under 28 U.S.C. § 1334 and 28 U.S.C. § 157. For the reasons discussed below, this Court agrees and grants the Motion of LSS.

Procedural and Factual Background

The plaintiff, United Methodist…

2Cases cited15 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. In Re Castlerock Properties, Debtor. Piombo Corporation, a California Corporation v. Castlerock Properties, a California Limited PartnershipCourt of Appeals for the Ninth Circuit · 1986
  3. In Re Billie Lamont Gardner, Debtor. Terryl A. Gardner v. United States of America, and William H. Zimmerman, Jr., TrusteeCourt of Appeals for the Tenth Circuit · 1990
  4. Personette v. Kennedy (In Re Midgard Corp.)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
  5. In the Matter of Colorado Energy Supply, Inc., Debtors. National Acceptance Company of America, and Colorado Energy Supply Inc. v. Obed PriceCourt of Appeals for the Tenth Circuit · 1984

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