In Re: Elwell
Defendant: Elwell
Petitioner: Lisa V Elwell and JP Morgan Chase Bank NA
Undetermined: US Trustee
Case Number: 3:2018mc00095
Filed: September 14, 2018
Court: US District Court for the District of Connecticut
Presiding Judge: Victor A Bolden
Nature of Suit: Bankruptcy Withdrawal
Cause of Action: 28:0157
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2018 Case transferred to 3:18-cv-1662 AWT. All future filings must be efiled in case 3:18-cv-1662 AWT. (Enderlin, M.)
October 5, 2018 Filing 7 NOTICE of Appearance by J. Christopher Rooney on behalf of Lisa V Elwell (Rooney, J.)
October 2, 2018 Filing 6 NOTICE of Appearance by Brian D. Rich on behalf of JP Morgan Chase Bank NA (Rich, Brian)
October 2, 2018 Opinion or Order 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)
September 24, 2018 Filing 4 OBJECTION STATEMENT OF NO OBJECTION filed by JP MORGAN CHASE BANK N A. (Rich, Brian)
September 20, 2018 Docket Entry Correction re #1 MOTION to Withdraw Reference. Replacement pdf added, original pdf missing pages. (Fanelle, N.)
September 14, 2018 Opinion or Order 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.)
September 14, 2018 Filing 2 USBC Transmittal Form (Fanelle, N.)
September 14, 2018 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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Defendant: Elwell
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Undetermined: US Trustee
Represented By: US Trustee
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Petitioner: Lisa V Elwell
Represented By: J. Christopher Rooney
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Petitioner: JP Morgan Chase Bank NA
Represented By: Brian D. Rich
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