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Kirschner v. Bennett et al

MEMORANDUM OF LAW in Support re: 12 MOTION to Remand to State Court Platiniff's Notice of Motion to Remand. Memorandum of Law in Support of Plaintiff's Motion to Remand to New York State Court. Document

33 Cited authorities

  1. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,829 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  2. Celotex Corp. v. Edwards

    514 U.S. 300 (1995)   Cited 1,489 times   5 Legal Analyses
    Holding that a bankruptcy court could not use “jurisdictional bootstrap” to “exercise jurisdiction that would not otherwise exist”

  3. Board of Govs., FRS v. Mcorp Financial, Inc.

    502 U.S. 32 (1991)   Cited 309 times   1 Legal Analyses
    Holding that proceeding by Federal Reserve alleging unsafe banking practices fit “squarely within § 362(b)”

  4. In re Resorts Intern., Inc.

    372 F.3d 154 (3d Cir. 2004)   Cited 581 times   3 Legal Analyses
    Holding that "bankruptcy court jurisdiction ‘must be confined within appropriate limits and does not extend indefinitely, particularly after the confirmation of a plan and the closing of a case’ "

  5. Crigger v. Fahnestock and Co., Inc.

    443 F.3d 230 (2d Cir. 2006)   Cited 319 times
    Holding that 801(d)(D) proponent must establish existence of agency relationship, that statement was made in course of that relationship, and that statement relates to matter within scope of agency

  6. Bay Shore Union Free School District v. Kain ex rel. Kain

    485 F.3d 730 (2d Cir. 2007)   Cited 265 times
    Holding that federal court did not have jurisdiction over school district's lawsuit under the IDEA seeking review of New York State administrative decision holding that district was obligated by state law to provide one-on-one aide at parochial school, where the case "turns entirely on a state-law issue"

  7. In re Petrie Retail, Inc.

    304 F.3d 223 (2d Cir. 2002)   Cited 234 times
    Holding that a dispute regarding a pre-bankruptcy petition contract was a core proceeding because terms of the contract were incorporated into a court order that approved the sale of property and established certain rights and liabilities of the parties

  8. In re Federal-Mogul Global, Inc.

    300 F.3d 368 (3d Cir. 2002)   Cited 155 times
    Holding that "Pacor clearly remains good law in this circuit."

  9. In re Astropower Liquidating Trust

    335 B.R. 309 (Bankr. D. Del. 2005)   Cited 101 times
    Holding that the mere conduit defense involved "questions of fact which are not properly resolved" via a motion to dismiss

  10. Mt. McKinley Ins. Co. v. Corning Inc.

    399 F.3d 436 (2d Cir. 2005)   Cited 102 times
    Holding that § 1334(c)'s mandatory abstention provision applies to removed actions

  11. Section 157 - Procedures

    28 U.S.C. § 157   Cited 51,517 times   79 Legal Analyses
    Determining the validity, extent, or priority of liens

  12. Section 1334 - Bankruptcy cases and proceedings

    28 U.S.C. § 1334   Cited 40,808 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"

  13. Section 1452 - Removal of claims related to bankruptcy cases

    28 U.S.C. § 1452   Cited 2,579 times   14 Legal Analyses
    Granting removal power to any “party” in a bankruptcy case