Legal Opinion

Equipment Finders Inc. v. Fireman's Fund Insurance (In re Equipment Finders Inc.)

United States Bankruptcy Court, M.D. Tennessee

Decided June 12, 2012No. Bankruptcy No. 3:09-bk-10426; Adversary No. 3:11-ap-00252PublishedCited by 3 opinions

1Opinion of the Court

Order

KEITH M. LUNDIN, Chief Judge.

For the reasons stated in the memorandum filed contemporaneously herewith, IT IS ORDERED, ADJUDGED and DECREED that the adversary proceeding is DISMISSED.

IT IS SO ORDERED.

Memorandum

The issue is whether the bankruptcy court has post confirmation subject matter jurisdiction over this reorganized debtor’s state law and contract actions against the defendants. Contract and state law actions against a noncreditor that were not material to plan confirmation and upon which the plan is not dependent for payments, are outside bankruptcy court jurisdiction. The…

2Cases cited35 opinions

  1. Natalia Makarova v. United StatesCourt of Appeals for the Second Circuit · 2000
  2. Stern v. MarshallSupreme Court of the United States · 2011
  3. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  4. Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
  5. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995

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3Cited by3 opinions

  1. Group Management Corp.United States Bankruptcy Court, N.D. Georgia · 2022
  2. In re The Kidwell Group LLC v. Tower Hill Insurance ExchangeUnited States Bankruptcy Court, M.D. Florida · 2025
  3. Tew v. ED&F Man Capital Markets, Ltd.United States Bankruptcy Court, E.D. Kentucky · 2023

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