23 Cited authorities

Stern v. Marshall
564 U.S. 462 (2011) Cited 3,758 times 72 Legal Analyses
Holding that a litigant forfeited a statutory right, noting the litigant "does not explain why" the relevant "statutory limitation may not be . . . waived"
Northern Pipeline Co. v. Marathon Pipe Line Co.
458 U.S. 50 (1982) Cited 2,971 times 20 Legal Analyses
Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims
Security Farms v. International Broth
124 F.3d 999 (9th Cir. 1997) Cited 704 times
Holding that withdrawal is required in cases "requiring material consideration of non-bankruptcy federal law."
In re Healthcentral.com
504 F.3d 775 (9th Cir. 2007) Cited 353 times 1 Legal Analyses
Holding that a jury demand does not instantly require a bankruptcy court to withdraw jurisdiction, since "allowing the bankruptcy court to retain jurisdiction over the action until trial is actually ready . . . ensure that our bankruptcy system is carried out."
Federal Trade Commission v. Affordable Media, LLC
179 F.3d 1228 (9th Cir. 1999) Cited 439 times 1 Legal Analyses
Holding that contempt has to be proved by clear and convincing evidence
In re Kaiser
722 F.2d 1574 (2d Cir. 1983) Cited 495 times 1 Legal Analyses
Holding that "the transfer of property by the debtor to his spouse while insolvent, while retaining use and enjoyment of the property, is a classic badge of fraud"
El-Fadl v. Central Bank of Jordan
75 F.3d 668 (D.C. Cir. 1996) Cited 199 times
Holding that “isolated and sporadic contacts unrelated to the claims in the instant case” are insufficient to establish general jurisdiction
Hawaiian Airlines, Inc. v. Mesa Air Group, Inc.
355 B.R. 214 (D. Haw. 2006) Cited 139 times 1 Legal Analyses
Holding that "a litigant who believes that a certain [action] or portion of a [action] pending in the bankruptcy court should be litigated in the district court may make a motion to withdraw the reference "
In re Goodman
991 F.2d 613 (9th Cir. 1993) Cited 191 times
Holding that parties who attempted to exempt a debtor from their unlawful detainer action with a unilateral stipulation still violated the automatic stay because "the stipulation might not [have] accomplish[ed] its intended purpose" and thus the parties "could have, and should have, pursued the orthodox remedy: relief from the automatic stay"
In re Mankin
823 F.2d 1296 (9th Cir. 1987) Cited 102 times
Holding that both state- and federal-law fraudulent conveyance actions are core proceedings
Section 157 - Procedures
28 U.S.C. § 157 Cited 51,543 times 79 Legal Analyses
Determining the validity, extent, or priority of liens
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,832 times 57 Legal Analyses
Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
Section 158 - Appeals
28 U.S.C. § 158 Cited 18,169 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Section 502 - Allowance of claims or interests
11 U.S.C. § 502 Cited 9,173 times 85 Legal Analyses
Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication
Section 548 - Fraudulent transfers and obligations
11 U.S.C. § 548 Cited 6,531 times 84 Legal Analyses
Seeking to avoid constructively fraudulent transfers
Section 549 - Postpetition transactions
11 U.S.C. § 549 Cited 2,268 times 12 Legal Analyses
Granting trustee the ability to avoid a transfer that occurs after the commencement of the case
Section 3439 - Title of act
Cal. Civ. Code § 3439 Cited 547 times 4 Legal Analyses
Setting forth factors upon which actual fraudulent intent may be found
Rule 5011 - Withdrawal and Abstention from Hearing a Proceeding
Fed. R. Bankr. P. 5011 Cited 368 times 1 Legal Analyses
Providing that filing of motion for withdrawal shall not stay administration of the case or any proceeding before the bankruptcy judge

(BK) SKPM Corp., Inc., et. al. v. Sharp

23 Cited authorities

Holding that a litigant forfeited a statutory right, noting the litigant "does not explain why" the relevant "statutory limitation may not be . . . waived"

Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims

Holding that withdrawal is required in cases "requiring material consideration of non-bankruptcy federal law."

Holding that a jury demand does not instantly require a bankruptcy court to withdraw jurisdiction, since "allowing the bankruptcy court to retain jurisdiction over the action until trial is actually ready . . . ensure that our bankruptcy system is carried out."

Holding that contempt has to be proved by clear and convincing evidence

Holding that "the transfer of property by the debtor to his spouse while insolvent, while retaining use and enjoyment of the property, is a classic badge of fraud"

Holding that “isolated and sporadic contacts unrelated to the claims in the instant case” are insufficient to establish general jurisdiction

Holding that "a litigant who believes that a certain [action] or portion of a [action] pending in the bankruptcy court should be litigated in the district court may make a motion to withdraw the reference "

Holding that both state- and federal-law fraudulent conveyance actions are core proceedings

Determining the validity, extent, or priority of liens

Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication

Seeking to avoid constructively fraudulent transfers

Granting trustee the ability to avoid a transfer that occurs after the commencement of the case

Setting forth factors upon which actual fraudulent intent may be found

Providing that filing of motion for withdrawal shall not stay administration of the case or any proceeding before the bankruptcy judge