26 Cited authorities

  1. Celotex Corp. v. Edwards

    514 U.S. 300 (1995)   Cited 1,314 times   4 Legal Analyses
    Holding that a bankruptcy court could not use “jurisdictional bootstrap” to “exercise jurisdiction that would not otherwise exist”
  2. Lone Star Fund v. Barclays Bank

    594 F.3d 383 (5th Cir. 2010)   Cited 1,194 times
    Holding that a court considering a Rule 12(b) motion is "limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint"
  3. Pacor, Inc. v. Higgins

    743 F.2d 984 (3d Cir. 1984)   Cited 2,196 times   4 Legal Analyses
    Holding that where the cause of action is between third parties, the test for "whether a civil proceeding is related to bankruptcy is whether the outcome of that proceeding could conceivably have any effect on the estate being administered in bankruptcy"
  4. In re Resorts Intern., Inc.

    372 F.3d 154 (3d Cir. 2004)   Cited 507 times   2 Legal Analyses
    Holding that, notwithstanding provisions of confirmed reorganization plan, bankruptcy court lacked jurisdiction over malpractice claim brought by trustee against accounting firm
  5. In re Pegasus Gold Corp.

    394 F.3d 1189 (9th Cir. 2005)   Cited 304 times   2 Legal Analyses
    Holding that courts have applied 28 U.S.C. § 1367, the supplemental jurisdiction statute, to bankruptcy courts to allow them to resolve bankruptcy claims solely based on "related to" jurisdiction
  6. In re Fietz

    852 F.2d 455 (9th Cir. 1988)   Cited 308 times
    Holding that the standard for the bankruptcy court to exercise "related to" jurisdiction in an adversary proceeding is whether "the outcome of the proceeding could conceivably have any effect on the estate being administered in bankruptcy."
  7. In re Boston Regional Medical Center, Inc.

    410 F.3d 100 (1st Cir. 2005)   Cited 142 times
    Holding that the court's jurisdiction does not diminish post confirmation if the debtor, pursuant to a liquidating plan, seeks to commence litigation to collect the debtor's assets for the benefit of its creditors
  8. In re Federal-Mogul Global, Inc.

    300 F.3d 368 (3d Cir. 2002)   Cited 141 times
    Holding that "Pacor clearly remains good law in this circuit."
  9. In re Mccarthy

    230 B.R. 414 (B.A.P. 9th Cir. 1999)   Cited 91 times
    Holding that pursuit of state law fraudulent transfer claims under § 544 is insufficient to prevent remand because "[t]here is nothing wrong with letting a state court decide a matter over which it has concurrent jurisdiction"
  10. Belcufine v. Aloe

    112 F.3d 633 (3d Cir. 1997)   Cited 89 times   1 Legal Analyses
    Holding that corporate officers were not personally liable for unpaid vacation and retirement benefits under the Pennsylvania Wage Payment Act following the corporate entities filing for bankruptcy protection
  11. Section 1334 - Bankruptcy cases and proceedings

    28 U.S.C. § 1334   Cited 36,787 times   42 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"
  12. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 17,473 times   135 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
  13. Section 1452 - Removal of claims related to bankruptcy cases

    28 U.S.C. § 1452   Cited 2,326 times   12 Legal Analyses
    Granting removal power to any “party” in a bankruptcy case