Bankr. No.:
02-40922
Adv. No.:
03-4039
Chapter:
7
Date of Decision:
December 23, 2003
Issue:
Whether an adversary proceeding by one creditor against another creditor for an injunction and damages is a core proceeding? Whether an adversary proceeding by one creditor against another creditor for an injunction and damages is a non-core, related proceeding?
Ruling:
An adversary proceeding by one creditor against another creditor for an injunction and damages is not a core proceeding. An adversary proceeding by one creditor against another creditor for an injunction and damages is not a non-core, related proceeding.
Full Bankruptcy Court Decision:
Appeal Summary:
The district court agreed the adversary proceeding was not a core proceeding and was not a non-core, related proceeding, and affirmed the bankruptcy court’s dismissal of the adversary proceeding.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: