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.
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