Saturday, December 1, 2012

In re US Lines, Inc. case brief (bankruptcy law)

In re US Lines, Inc. (2nd Cir. 1999)

Facts: US Lines and their trust sued in Bankruptcy Court fo the SDNY seeking a declarartory judgment to establish the Trust’s rights under various insurance K’s. BR Court held it was w/in its core jurisdiction and denied motion to compel arbitration. DC for SDNY reversed and held the insurance K disputes were not core proceedings. Under §1292(b) the district court certified its order for interlocutory appeal. The Trust is their successor in interest to the confirmed plan. All of their insurance policies were issue before the debtors petitioned for bankruptcy relief.

Analysis: Is it core or non-core proceeding? Bankruptcy court has core jurisdiction over claims arising from a contract formed post-petition under §157(b)(2)(A). However, we conclude that the impact these contracts have on other core bankruptcy functions nevertheless render the proceedings core. 
 
Newman concurrence: It ought to be core simply because it involves a post-petition breach.

Calabresi concurrence: Case-by-case approach but leaves for another day.

---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...