In re Ryan

23 Citing cases

  1. Westlake Flooring Co. v. Staggs (In re Staggs)

    562 B.R. 790 (Bankr. N.D. Ala. 2016)   Cited 2 times
    In Matter of Staggs, 562 B.R. 790, 794 (Bankr. N.D. Ala. 2016) (quoting Continental Nat'l Bank v. Sanchez (In re Toledo), 170 F.3d 1340, 1345 (11th Cir. 1999)).

    Id.Winchester Global Trust Co. v. Entrust NPL, Corp. (In re Ryan), 276 Fed.Appx. 963, 966 (11th Cir. 2008).Community Bank of Homestead v. Boone (In re Boone), 52 F.3d 958, 960 (11th Cir. 1995).

  2. Westlake Flooring Co. v. Staggs (In re Staggs)

    BK Case No. 15-83431-CRJ-7 (Bankr. N.D. Ala. Dec. 13, 2016)

    7. The Eleventh Circuit determined that the nexus between a bankruptcy case and civil a proceeding contemplated by Lemco was present, however, in the case of Winchester Global Trust Co. v. Entrust NPL, Corp. (In re Ryan), 276 Fed. Appx. 963 (11th Cir. 2008). A dispute between non-debtor entities over the ownership of business records related to property sold as part of a debtor's bankruptcy estate "related to" the administration of the debtor's estate.

  3. Hill v. Christopher (Chris) Re, Apto Solutions, Inc.

    574 B.R. 322 (N.D. Ga. 2017)   Cited 4 times

    "Related to" subject matter jurisdiction exists when the result of a dispute could conceivably have an effect on the estate being administered in bankruptcy. In re Ryan , 276 Fed.Appx. 963, 966 (11th Cir. 2008) (citing Lemco , 910 F.2d at 788 ). The Eleventh Circuit has held that a suit could conceivably effect the bankruptcy estate "if the outcome could alter the debtor's rights, liabilities, options, or freedom of action (either positively or negatively)" or if the outcome could "in any way impact[ ] the handling and administration of the bankrupt estate."

  4. Veros Energy, LLC v. Gcube Ins. Servs., Inc. (In re Veros Energy, LLC)

    587 B.R. 134 (Bankr. N.D. Ala. 2018)   Cited 3 times

    These references operate conjunctively to define the scope of jurisdiction. Therefore, it is necessary only to determine whether a matter is at least ‘related to’ the bankruptcy."); see alsoWinchester Global Tr. Co. v. Entrust NPL, Corp. (In re Ryan) , 276 Fed.Appx. 963, 966 (11th Cir. 2008) (per curiam) (unpublished opinion). A case is "related to" a case under title 11 if it "could conceivably have an effect on the estate being administered in bankruptcy."

  5. In re Farmland Industries, Inc.

    567 F.3d 1010 (8th Cir. 2009)   Cited 64 times
    Finding "related to" jurisdiction where nondebtor defendants had indemnification claims against the debtor that were not merely speculative

    See In re Popkin Stem, 289 F.3d at 556. Compare In re Ryan, 276 Fed.Appx. 963, 965 n. 1 (11th Cir. 2008) (per curiam) (unpublished) ("Here, the district court's order left nothing for the bankruptcy court to do but dismiss the adversary proceeding initiated by Entrust for lack of subject matter jurisdiction. The district court's order was thus final and immediately appealable, giving us jurisdiction over this case.

  6. Talisman Capital Alt. Invs. Fund v. Mouttet (In re Mouttet)

    CASE NO. 13-22222-CIV-MARRA (S.D. Fla. Oct. 9, 2020)   Cited 8 times
    Noting a Circuit split as to "whether district courts have supplemental jurisdiction in bankruptcy-related matters and whether, if they do, upon referral bankruptcy courts have such supplemental jurisdiction"

    Id. at 898 (quoting Hospitality Ventures/Lavista v. Heartwood 11, L.L.C. (In re Hospitality Ventures/Lavista), 358 B.R. 462 (N.D. Ga. 2007). A dispute is "related to" a case under Title 11 when its result "'could conceivably'" have an "'effect on the estate being administered in bankruptcy.'" In re Ryan, 276 F.App'x 963, 966 (11th Cir. 2008) citing Miller v. Kemira, Inc. (In re Lemco Gypsum, Inc.), 910 F.2d 784, 788 (11th Cir. 1990) (quoting Pacor, Inc. v. Higgins, 743 F.2d 984, 994 (3rd Cir. 1984), overruled on other grounds by Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 129 (1995)). Assuming, for purposes of this discussion only, that the Bankruptcy Court has the authority to exercise supplemental jurisdiction, the Court affirms the Bankruptcy Court's recommendation that it is appropriate to decline to exercise such jurisdiction over the Non-Core Claims in this case.

  7. Marquis Parc, LLC v. Leebrooks

    CIVIL ACTION FILE NO. 1:18-CV-05789-AT-JFK (N.D. Ga. Dec. 27, 2018)

    'Related to' subject matter jurisdiction exists when the result of a dispute could conceivably have an effect on the estate being administered in bankruptcy." Hill v. Re, 574 B.R. 322, 330 (Bankr. N.D. Ga. 2017) (citing In Re Ryan, 276 Fed. Appx. 963, 966 (11th Cir. 2008)). The Eleventh Circuit has held that "[a]n action is related to bankruptcy if the outcome could alter the debtor's rights, liabilities, options, or freedom of action (either positively or negatively) and which in any way impacts upon the handling and administration of the bankrupt estate."

  8. Crowther Roofing & Sheet Metal of Fla., Inc. v. Developer Diversified Realty Corp.

    Case No: 2:13-cv-668-FtM-29CM (M.D. Fla. Apr. 16, 2014)

    "A dispute is 'related to' a case under title 11 when its result 'could conceivably' have an 'effect on the estate being administered in bankruptcy.'" Winchester Global Trust Co. v. Entrust NPL, Corp. (In re Ryan), 276 F. App'x 963, 966 (11th Cir. 2008) (quoting Miller v. Kemira, Inc. (In re Lemco Gypsum, Inc.), 910 F.2d 784, 788 (11th Cir. 1990)). "The proceeding need not necessarily be against the debtor or against the debtor's property.

  9. Horizons a Far, LLC v. Buono (In re Soderstrom)

    Case No. 6:12-cv-1205-Orl-37 (M.D. Fla. Jan. 2, 2013)

    The determination of whether a Bankruptcy Court has jurisdiction is also reviewed de novo. In re Ryan, 276 F. App'x 963, 965-66 (11th Cir. 2008). A Bankruptcy Court has jurisdiction over proceedings "related to" a bankruptcy case.

  10. Sirius Computer Solutions, Inc. v. AASI Creditor Liquidating Trust

    Case Number: 10-23406-CIV-MORENO (S.D. Fla. Aug. 26, 2011)

    A proceeding is "related to" a case under Title 11 when its result could conceivably have an effect on the estate being administered in bankruptcy. In re Ryan, 276 F. App'x 963, 966 (11th Cir. 2008). Indeed, the proceeding need not be against the debtor or the debtor's property if it could affect the administration of the bankruptcy estate.