Opinion
CASE NO: 8:11-cv-51-T-33, Bankruptcy Case No: 8:10-BK-05307-KRM, Adv. Pro. # 8:10-ap-0123-KRM.
February 18, 2011
ORDER
This cause comes before the Court pursuant to Defendant EMC Mortgage Corporation's Motion to Withdraw the Reference (Doc. # 1). Plaintiff filed a Response in opposition thereto (Doc. # 2-2).
Plaintiff filed a complaint against Defendant in Bankruptcy Court on October 21, 2010 alleging violations of the Florida Consumer Collections Practices Act, Fla. Stat. § 559.55 et seq. Defendant now seeks to have this matter withdrawn to the District Court because it is a non-core proceeding and because considerations of judicial efficiency and economic use of the parties' resources strongly favor withdrawal of the reference.
The Court may withdraw a reference for cause shown. See In re Simmons, 200 F.3d 738, 741 (11th Cir. 2000); 28 U.S.C. § 157(d). "[I]n determining whether cause existed a district court should consider such goals as advancing uniformity in bankruptcy administration, decreasing forum shopping and confusion, promoting the economical use of the parties' resources, and facilitating the bankruptcy process." In re Simmons, 200 F.3d at 742 (reversing the district court's withdrawal of the reference because, among other things, the district court's decision "hindered the [bankruptcy] process. . . ."). Additional factors for the Court's consideration include: "(1) whether the claim is core or non-core; (2) efficient use of judicial resources; (3) a jury demand; and (4) prevention of delay." In re Price, No. 2:06-mc-3317-MHT, 2007 WL 2332536, at *2 (M.D. Fla. Ala. Aug. 13, 2007).
Upon due consideration, the Court finds that these factors weigh in favor of the matter remaining in the Bankruptcy Court. Defendant has not demanded a jury trial in this matter. Further, economic use of the parties' resources and facilitation of the bankruptcy process will both be fostered by a denial of the motion to withdraw the reference as this adversary proceeding and the debtor's main bankruptcy case would remain in the same forum that is already responsible for resolving claims related to the bankruptcy estate.
The Court notes that the Bankruptcy Court has adjudicated and has pending a number of unlawful collection practices adversary proceedings involving both the Florida Consumer Collections Practices Act and its federal counterpart, the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. As such, the familiarity with these types of adversary proceedings and this Debtor render the Bankruptcy Court the most appropriate forum for this matter.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) Defendant EMC Mortgage Corporation's Motion to Withdraw the Reference (Doc. # 1) is DENIED.
(2) The Clerk is directed to close this case.DONE and ORDERED in Chambers in Tampa, Florida, this 18th day of February, 2011.