Bankr. No.:
86-30024
Adv. No.:
98-3013
Chapter:
11
Date of Decision:
January 28, 1999
Issue:
Parties filed cross motions for summary judgment on Plaintiffs' complaint for declaratory relief regarding interpretation of a confirmed Chapter 11 plan. Jurisdiction as to all the relief sought was raised by the Court sua sponte (Defendant had raised some jurisdictional issues).
Ruling:
Court abstained from jurisdiction pursuant to 28 U.S.C. ยง 1334(c)(1) because neither the plan nor confirmation order delineated any post-confirmation jurisdiction, the plan had already been substantially consummated and the main case had been closed, the parties had entered into a post-confirmation stipulation in a foreclosure action before the District Court, and the Bankruptcy Court did not have jurisdiction to interpret the effect of the confirmed plan (or the stipulation in District Court) on these plaintiffs who had not been Debtors in the Chapter 11 cases.
Full Bankruptcy Court Decision:
