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In re SK Foods, LP

United States District Court, Ninth Circuit, California, E.D. California
Apr 3, 2013
Civ. S-11-2369 LKK (E.D. Cal. Apr. 3, 2013)

Opinion


In re: SK FOODS, LP, a California limited partnership, et al., Debtors. BRADLEY D. SHARP, Chapter 11, Trustee, Plaintiff, v. SKPM CORP., et al., Defendants. Civ. No. S-11-2369 LKK United States District Court, E.D. California. April 3, 2013

          ORDER

          LAWRENCE K. KARLTON, District Judge.

         On February 29, 2012, this court withdrew the reference for the Trustee's fraudulent transfer claim against SSC&L 2007 Trust, Count 1 of the adversary complaint (ECF Nos. 18 & 21). On December 4, 2012, however, the Ninth Circuit made clear that the Bankruptcy Court is authorized to hear even those claims that it cannot decide to final judgment, so long as that court submits Findings and Recommendations for the district court's de novo review. Executive Benefits Ins. Agency v. Arkison (In re Bellingham Ins. Agency, Inc.), 702 F.3d 553 (9th Cir. 2012).

         Accordingly, the previously withdrawn claim - Count 1, as against SSC&L 2007 Trust - is REFERRED back to the Bankruptcy Court, for Findings and Recommendations.

         IT IS SO ORDERED.


Summaries of

In re SK Foods, LP

United States District Court, Ninth Circuit, California, E.D. California
Apr 3, 2013
Civ. S-11-2369 LKK (E.D. Cal. Apr. 3, 2013)
Case details for

In re SK Foods, LP

Case Details

Full title:In re: SK FOODS, LP, a California limited partnership, et al., Debtors. v…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Apr 3, 2013

Citations

Civ. S-11-2369 LKK (E.D. Cal. Apr. 3, 2013)