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Clark v. Chrysler Group, LLC

United States District Court, E.D. Pennsylvania
Nov 5, 2010
CIVIL ACTION NO. 10-3030 (E.D. Pa. Nov. 5, 2010)

Summary

finding that transfer to the Bankruptcy Court promoted judicial economy and reduce[d] the risk of an inconsistent interpretation of [the Sale Order]

Summary of this case from Safe Foundations, Inc. v. Metal Foundations Acquisitions, LLC

Opinion

CIVIL ACTION NO. 10-3030.

November 5, 2010


ORDER


AND NOW, this 5th day of November 2010, upon consideration of Defendant Chrysler Group L.L.C.'s Notice of Removal (Doc. No. 1), Plaintiff Edward F. Clark's Motion to Remand (Doc. No. 3), Defendant's Opposition to Plaintiff's Motion to Remand (Doc. No. 7), Defendant's Motion to Transfer (Doc. No. 8), Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Transfer (Doc. No. 9), Defendant's Supplemental Brief in Opposition to Plaintiff's Motion to Remand and in Further Support of its Motion to Transfer (Doc. No. 18), and Plaintiff's Supplemental Brief in Opposition to Defendant's Motion to Transfer and in Support of its Motion to Remand (Doc. No. 19), and after a hearing on the Motions on October 13, 2010, it is hereby ORDERED as follows:

1. Plaintiff's Motion to Remand (Doc. No. 3) is DENIED;
2. Defendant's Motion to Transfer (Doc. No. 8) is GRANTED; and
3. The Clerk of Court shall TRANSFER this case to the United States Bankruptcy Court for the Southern District of New York.


Summaries of

Clark v. Chrysler Group, LLC

United States District Court, E.D. Pennsylvania
Nov 5, 2010
CIVIL ACTION NO. 10-3030 (E.D. Pa. Nov. 5, 2010)

finding that transfer to the Bankruptcy Court promoted judicial economy and reduce[d] the risk of an inconsistent interpretation of [the Sale Order]

Summary of this case from Safe Foundations, Inc. v. Metal Foundations Acquisitions, LLC

denying motion to remand and ordering transfer, because the issue of whether Chrysler Group assumed liability for the plaintiff's claims was a "threshold issue" to be first determined by the Bankruptcy Court and transfer promoted the interest of justice

Summary of this case from Martin v. Chrysler Grp., LLC

transferring a case directly to the bankruptcy court under 28 U.S.C. § 1412

Summary of this case from Harrell v. Carrington Mortg. Servs.

In Clark v. Chrysler Group, LLC, 2010 WL 4486927 (E.D. Pa. Nov. 5, 2010), a district court held that while it was not entirely clear that an order interpreting a bankruptcy sale order fell squarely within § 157(b)(2)(N)'s definition of a core proceeding, it was a core proceeding "because its resolution turns on the interpretation of the Bankruptcy Court's Sale Order... and is based on the rights established by the Sale Order."

Summary of this case from Watson v. LLP Mortg., LTD (In re Watson)
Case details for

Clark v. Chrysler Group, LLC

Case Details

Full title:EDWARD F. CLARK, Plaintiff, v. CHRYSLER GROUP, LLC, Defendant

Court:United States District Court, E.D. Pennsylvania

Date published: Nov 5, 2010

Citations

CIVIL ACTION NO. 10-3030 (E.D. Pa. Nov. 5, 2010)

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