US Department of Labor v. Kirschenbaum

Justia Dockets & Filings Second Circuit New York Eastern District US Department of Labor v. Kirschenbaum

US Department of Labor v. Kirschenbaum

Appellant:	US Department of Labor
Appellee:	Kenneth Kirschenbaum
Case Number:	2:2013cv02682
Filed:	May 2, 2013
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J. Feuerstein
Nature of Suit:	Bankruptcy Appeal (801)
Cause of Action:	28 U.S.C. § 1334 Bankruptcy Appeal
Jury Demanded By:	None

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Date Filed	Document Text
March 31, 2014	Filing 8 OPINION AND ORDER: SO ORDERED that This Court concludes that the Bankruptcy Court Jacked non-core "related to" jurisdiction to order that the fees and expenses of the RPC Plan Administrator and his professionals be paid using assets from th e RPC Plan. The Bankruptcy Court does, however, have jurisdiction to grant or deny an application seeking an award for Plan administration expenses from the bankruptcy estate. The Court has considered both parties' submissions in their entirety. For the foregoing reasons, the Compensation Order of the Bankruptcy Court is REVERSED. Ordered by Judge Sandra J. Feuerstein on 3/31/2014. (Florio, Lisa)

Date Filed

Document Text

March 31, 2014

Filing 8 OPINION AND ORDER: SO ORDERED that This Court concludes that the Bankruptcy Court Jacked non-core "related to" jurisdiction to order that the fees and expenses of the RPC Plan Administrator and his professionals be paid using assets from th e RPC Plan. The Bankruptcy Court does, however, have jurisdiction to grant or deny an application seeking an award for Plan administration expenses from the bankruptcy estate. The Court has considered both parties' submissions in their entirety. For the foregoing reasons, the Compensation Order of the Bankruptcy Court is REVERSED. Ordered by Judge Sandra J. Feuerstein on 3/31/2014. (Florio, Lisa)

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Appellant: US Department of Labor
Represented By:	Leonard H. Gerson
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Appellee: Kenneth Kirschenbaum
Represented By:	Kenneth Kirschenbaum
Represented By:	Steven B. Sheinwald
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