26 Cited authorities

Celotex Corp. v. Edwards
514 U.S. 300 (1995) Cited 1,476 times 5 Legal Analyses
Holding that a bankruptcy court could not use “jurisdictional bootstrap” to “exercise jurisdiction that would not otherwise exist”
Lone Star Fund v. Barclays Bank
594 F.3d 383 (5th Cir. 2010) Cited 1,855 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"
Pacor, Inc. v. Higgins
743 F.2d 984 (3d Cir. 1984) Cited 2,314 times 7 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"
In re Resorts Intern., Inc.
372 F.3d 154 (3d Cir. 2004) Cited 578 times 2 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’ "
In re Pegasus Gold Corp.
394 F.3d 1189 (9th Cir. 2005) Cited 391 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
In re Fietz
852 F.2d 455 (9th Cir. 1988) Cited 393 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."
In re Boston Regional Medical Center, Inc.
410 F.3d 100 (1st Cir. 2005) Cited 160 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
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."
In re Mccarthy
230 B.R. 414 (B.A.P. 9th Cir. 1999) Cited 165 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"
Belcufine v. Aloe
112 F.3d 633 (3d Cir. 1997) Cited 92 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
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,660 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 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 21,691 times 141 Legal Analyses
Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 1452 - Removal of claims related to bankruptcy cases
28 U.S.C. § 1452 Cited 2,565 times 14 Legal Analyses
Granting removal power to any “party” in a bankruptcy case

Stichting Pensioenfonds ABP v. Countrywide Financial Corporation et al

26 Cited authorities

Holding that a bankruptcy court could not use “jurisdictional bootstrap” to “exercise jurisdiction that would not otherwise exist”

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"

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"

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’ "

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

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."

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

Holding that "Pacor clearly remains good law in this circuit."

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"

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

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 a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

Granting removal power to any “party” in a bankruptcy case