Judges of the Court
Jurisdiction — Subject Matter
In re Healthcentral.Com, 504 F.3d 775 (9th Cir. 2007)
BLR 9015-2(b) improperly allowed the bankruptcy judge to certify that a proceeding was to be tried to a jury and thus the reference had to be withdrawn under 28 U.S.C. § 157(d). It thus ran afoul of the national rule, which requires that a party file a motion to withdraw and that the district court decide the motion. However, consistent with the Seventh Amendment, the bankruptcy judge may retain the proceeding until it is ready for trial.
Vacation Village, Inc. v. Clark County, Nev, 497 F.3d 902 (9th Cir. 2007)
Debtors’ inverse condemnation suit against the county fell within “related to” jurisdiction of the bankruptcy court, since the claims were property of the debtors’ estates.
In re Valdez Fisheries Development Ass’n, Inc., 439 F.3d 545 (9th Cir. 2006)
Bankruptcy court did not have related to jurisdiction over a lawsuit between two creditors, where there was no confirmed plan and there was no claim that the dispute would have any effect upon the case, which was closed.
In re Rains, 428 F.3d 893 (9th Cir. 2005)
Bankruptcy court had jurisdiction to enforce a settlement agreement, even though the validity of the settlement was on appeal.
In re Miles, 430 F.3d 1083 (9th Cir. 2005)
Bankruptcy court had “arising under” jurisdiction over state law tort suits removed removed from state court, since such actions were totally preempted by § 303(i). Furthermore, siblings of debtors had no standing to bring an action under § 303(i).
In re Sasson, 424 F.3d 864 (9th Cir. 2005), cert denied, 547 U.S. 1206, 126 S.Ct. 2890 (2006)
A bankruptcy court has subject matter jurisdiction to enter a money judgment in a dischargeability proceeding, even though the underlying debt has been reduced to judgment in state court. The judgment was obtained in 1991, but the dischargeability action wasn’t filed until debtor filed for bankruptcy in 2001. In finding that the debtor engaged in willful and malicious conduct in rendering the initial state court judgment uncollectible, the bankruptcy court renewed the 1991 judgment, and tacked on interest at the federal rate for the period from 1991.
In re Pegasus Gold Corp., 394 F.3d 1189 (9th Cir. 2005)
Tort and breach of contract action brought post confirmation by debtor and newly-formed corporation was within the bankruptcy court’s subject matter jurisdiction. The “related to” test was too broad in this context; rather, the inquiry was whether there was a close nexus to the bankruptcy plan or proceeding.
In re Birting Fisheries, Inc., 300 B.R. 489 (9th Cir. B.A.P. 2003)
Bankruptcy court had exclusive jurisdiction to collaterally attack state court order and review foreign-country judgment for conflict with either confirmed chapter 11 plan or Bankruptcy Code.
In re McCowan, 296 B.R. 1 (9th Cir. B.A.P. 2003)
“We hold that a bankruptcy court has ancillary jurisdiction to enforce its money judgments and retains such jurisdiction after the bankruptcy case is closed.”
In re Canter, 299 F.3d 1150 (9th Cir. 2002)
District court improperly withdrew the reference under § 157(d) and enjoined municipal court unlawful detainer action
In re Graves, 279 B.R. 266 (9th Cir. B.A.P. 2002)
An injunction action under 11 U.S.C. § 110(j) is a core proceeding.
In re McGhan, 288 F.3d 1172 (9th Cir. 2002)
“Relying on Gruntz v. County of Los Angeles, 202 F.3d 1074 (9th Cir. 2000), we hold that state courts lack jurisdiction to determine whether a listed and scheduled creditor received adequate notice of discharge proceedings. We also hold that the state court lacked authority to modify the bankruptcy court's orders discharging Rutz's claim and permanently enjoining Rutz from collection on the debt.”
In re Aheong, 276 B.R. 233 (9th Cir. B.A.P. 2002)
Bankruptcy court had both ancillary and “arising under” jurisdiction to reopen case and annul automatic stay.
In re Kieslich, 258 F.3d 968 (9th Cir. 2001)
IRS waived objection to bankruptcy court exercising noncore jurisdiction by failing to raise it before the bankruptcy court.
In re General Carriers Corp., 258 B.R. 181 (9th Cir. B.A.P. 2001)
Bankruptcy court had no jurisdiction to decide abstention motion as to state court action that had not been removed to bankruptcy court.
In re G.I. Industries, Inc., 204 F.3d 1276 (9th Cir. 2000)
Bankruptcy court could adjudicate validity of contract when considering proof of claim under executory agreement rejected by trustee.
In re Menk, 241 B.R. 896 (9th Cir. B.A.P. 1999)
Debtor’s appeal was moot where debtor sought to avoid bankruptcy court’s jurisdiction by contesting court’s jurisdiction to reopen case for determination of whether debtor was excepted from discharge.
In re Mirzai, 236 B.R. 8 (9th Cir. B.A.P. 1999)
Bankruptcy court lacked jurisdiction to enter judgment where appeal from B.A.P. decision was pending before court of appeals.
In re Silva, 185 F.3d 992 (9th Cir. 1999)
The court held that under the Bankruptcy Code, core proceedings include a turnover request alleging that property in a third party’s possession constitutes property of the bankruptcy estate.
In re Levander, 180 F.3d 1114 (9th Cir. 1999)
The Court held that a bankruptcy court had jurisdiction to amend its order awarding attorney fees to add a judgment-debtor under California law and its inherent power based on fraud perpetrated on the court.
In re Pavelich, 229 B.R. 777 (9th Cir. B.A.P. 1999)
Bankruptcy court had jurisdiction to enforce discharge in face of contrary state court judgment
In re Audre, Inc., 216 B.R. 19 (9th Cir. B.A.P. 1997)
bankruptcy court lacked jurisdiction to hear collateral attack on state court judgment even though judgment was on appeal and thus not final
In re ACI-HDT Supply Company, 205 B.R. 231 (9th Cir. B.A.P. 1997)
Bankruptcy Court lacked core jurisdiction over state law action for fraud.
In re Kennedy, 108 F.3d 1015 (9th Cir. 1997)
Bankruptcy court has jurisdiction to enter monetary judgment on disputed state court law claim in determining debt nondischargeable (9th Cir. 1997)
Hinduja v. Arco Products Co., 102 F.3d 987 (9th Cir. 1996)
Plaintiff not required to sue on stipulation for modifying stay in Bankruptcy court - could do so in District court
In re Yochum, 89 F.3d 661 (9th Cir. 1996)
Bankruptcy Court is a court of the U.S. for purposes of 26 U.S.C. 7430(c)(6)
In re Vylene Enterprises, Inc., 90 F.3d 1472 (9th Cir. 1996)
Adversary proceeding involving BREACH of a franchise agreement and BREACH of the implied covenant of good faith and fair dealing was a core proceeding under §157(b)(2)(M) since franchise agreements were property of the estate.
In re Casamont Investors, Ltd., 196 B.R. 517 (9th Cir. 1996)
Bankruptcy court abuses discretion by retaining jurisdiction over new adversary proceeding involving only state law after voluntary dismissal of bankruptcy case.
Celotex Corp. v. Edwards, 514 U.S. 300 (1995),
Execution on appeal bond was within Bankruptcy Court’s related to jurisdiction - injunction issued to prohibit collecting on bond had to be heeded by Court of Appeals
In re Davis, 177 B.R. 907 (9th Cir. B.A.P. 1995)
Supplemental jurisdiction - UMW v. Gubb
In re Diversified Contract Services, Inc., 167 B.R. 591 (Bankr. N.D. Cal. 1994)
In re Ferrante, 51 F.3d 1473 (9th Cir. 1995)
Action on a trustee’s surety bond = core proceeding
In re Harris Pine Mills, 44 F.3d 1431 (9th Cir. 1995), cert. denied, 515 U.S. 1131 (1995)
Suit against trustee arising out of post-petition sale is a core proceeding
In re Parker North American Corp., 24 F.3d 1145 (9th Cir. 1994)
Bankruptcy Court has jurisdiction over preference suit against RTC notwithstanding FIRREA, as least where RTC has filed a claim
In re Int’l. Nutronics, Inc., 3 F.3d 306 (9th Cir. 1993), withdrawn and superseded on rehearing by 28 F.3d 965 (9th Cir. 1994), cert. denied, 513 U.S. 1016 (1994)
An antitrust action arising from a sale of an estate asset is not a core proceeding
In re DeLorean Motor Co., 155 B.R. 521 (9th Cir. B.A.P. 1993)
Malicious prosecution suit against trustee who brought fraudulent transfer action against plaintiff = core proceeding
In re Lawson, 156 B.R. 43 (9th Cir. B.A.P. 1993)
Bankruptcy court has jurisdiction to dispose of pending and ancillary matters after the dismissal of the bankruptcy case. Not conditioned on express language retaining jurisdiction at least as to ancillary matters such as execution on judgments.
In re Eighty South Lake, Inc., 81 B.R. 580 (9th Cir. B.A.P. 1987)
Court retains jurisdiction after dismissal to determine sanctions
In re Carraher, 971 F.2d 327 (9th Cir. 1992)
Court may retain jurisdiction over adversary proceeding even though case has been dismissed
In re Hall Bayoutree Assoc., Ltd., 939 F.2d 802 (9th Cir. 1991)
Not improper to withdraw reference by implication but must still have cause
In re Castro, 919 F.2d 107 (9th Cir. 1990)
District Court in a noncore proceeding must make a de novo review of the case, including consideration of the record, to satisfy Northern Pipeline’s requirement that noncore issues are to be decided by an Article III judge.
American Principals Leasing Corp. v. U.S., 904 F.2d 477 (9th Cir. 1990)
Bankruptcy jurisdiction lacking over adjudication of tax consequences of partnership activities or non-debtor partners’ tax liability. Section 505 does not extend to anyone but debtor.
In re American Hardwoods, 885 F.2d 621 (9th Cir. 1989)
Pacor standard adopted.
In re Balboa Improvements, Ltd., 99 B.R. 966 (9th Cir. B.A.P. 1989)
Dispute between real estate broker and debtor attorney = related to jurisdiction
In re Contractors Equipment Supply Co., 861F.2d 241 (9th Cir. 1988)
Bankruptcy court had jurisdiction to hear adversary proceeding between secured creditor and county agency since secured creditor did not own property - debtor still had interest in it.
Gonzales v. Parks,830 F.2d 1033 (9th Cir. 1987)
State courts preempted from hearing lawsuit based on bad faith filing in bankruptcy court.
In re Benny, 842 F.2d 1147 (9th Cir. Cir. 1988), cert denied 488 U.S. 1014 (1989)
Bankruptcy court did not have subject matter jurisdiction over wife in Chapter 7 case initiated by involuntary joint petition against husband and wife.