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.

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