Bankr. No.:
03-10306
Adv. No.:
03-1060
Chapter:
7
Date of Decision:
October 27, 2004
Issue:
Whether the Court should hear third-party complaint for replevin?
Ruling:
The Court declined to rule on a non-debtor defendant’s third-party complaint against another non-debtor. While the parties had originally consented to jurisdiction under 28 U.S.C. § 157(c)(1), procedural and evidentiary problems, as well as the need to add other non-debtor parties, dictated that the Court dismiss the third-party complaint without prejudice.
Full Bankruptcy Court Decision:
