Non-Core

United States Supreme Court Expands Power of Bankruptcy Courts- Wellness Int’l v. Sharif

05/31/15

Holding: Article III permits bankruptcy judges to adjudicate Stern claims with the parties’ knowing and voluntary consent.  Consent by parties also need not be in writing but can be determined through conduct.

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IPC International: Transfer of Venue Granted in Adversary Proceeding

11/08/14

Any defendant to a bankruptcy adversary proceeding seeking to transfer venue of their case should read the recent opinion dated November 3, 2014, in which the Honorable Mary F. Walrath granted Defendant’s motion to transfer venue in the case styled as:

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Decision in In Re: Donna K. Brady Holds: Officers Aren't Contractors

05/25/11

Summary
In an 11 page opinion published May 18, 2011, Judge Shannon ruled that, in the context of a motion to dismiss, the officer of a corporation, which is itself a contractor, is not also a contractor by virtue of her position within the corporation. Judge Shannon’s opinion is available here (the “Opinion”).

Background

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Decision in NEC Holdings Corp., Holds Non-Debtor Environmental Liabilities to be Non-Core

05/05/11

Summary

In a 5 page decision signed May 4, 2011, Judge Walsh of the Delaware Bankruptcy Court held that a proceeding initiated by a Debtor, seeking contribution relating to environmental claims is non-core. Judge Walsh’s opinion is available here (the “Opinion”).

Background

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