In Re: Elwell
| Elwell |
| Lisa V Elwell and JP Morgan Chase Bank NA |
| US Trustee |
| 3:2018mc00095 |
| September 14, 2018 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Bankruptcy Withdrawal |
| 28 U.S.C. ยง 0157 |
| None |
Docket Report
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This docket was last retrieved on October 5, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 NOTICE of Appearance by J. Christopher Rooney on behalf of Lisa V Elwell (Rooney, J.) |
| Case transferred to 3:18-cv-1662 AWT. All future filings must be efiled in case 3:18-cv-1662 AWT. (Enderlin, M.) |
| Filing 6 NOTICE of Appearance by Brian D. Rich on behalf of JP Morgan Chase Bank NA (Rich, Brian) |
Filing 5
ORDER granting #1 Motion to Withdraw Reference. Under 28 U.S.C. 157(d), a district court may withdraw... any case or proceeding referred [to the bankruptcy court] on its own motion or on a timely motion of any party, for cause shown. The Second Circuit has noted that, while 157(d) leaves cause undefined, courts consider a number of factors in evaluating cause: whether the claim or proceeding is core or non-core, whether it is legal or equitable, and considerations of efficiency, prevention of forum shopping, and uniformity in the administration of bankruptcy law. See In re Orion Pictures Corp., 4 F.3d 1095, 1101 (2d Cir. 1993). Plaintiff Lisa V. Elwell filed this motion to withdraw the Adversary Proceeding against Defendant JP Morgan Chase on 9/14/18, arguing that her claim under the Connecticut Unfair Trade Practices Act (CUTPA) is a non-core proceeding under 28 U.S.C. 157, and that the Court may properly exercise diversity jurisdiction because the parties are citizens of different states and the amount in controversy is greater than $75,000. Defendant JP Morgan Chase filed a statement on 9/24/2018 that it does not object to the withdrawal of the reference to this Court. Accordingly, the Court finds that withdrawing this case will not disrupt the uniformity and efficiency of the administration of bankruptcy law and that there is good cause for withdrawal of the reference in this case. Plaintiff's Motion to Withdraw Reference therefore is GRANTED. Signed by Judge Victor A. Bolden on 10/2/2018. (Baran, Hugh)
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| Filing 4 OBJECTION STATEMENT OF NO OBJECTION filed by JP MORGAN CHASE BANK N A. (Rich, Brian) |
| Docket Entry Correction re #1 MOTION to Withdraw Reference. Replacement pdf added, original pdf missing pages. (Fanelle, N.) |
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 9/14/2018. (Fanelle, N.)
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| Filing 2 USBC Transmittal Form (Fanelle, N.) |
| Filing 1 MOTION to Withdraw Reference by Lisa V Elwell. (Fanelle, N.) (Additional attachment(s) added on 9/20/2018: #1 Replacement pdf.) (Fanelle, N.). |
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