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REV06353
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REV06353
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Entry Properties
Last modified
8/25/2016 1:05:08 AM
Creation date
11/21/2007 9:33:22 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1982121
IBM Index Class Name
Revision
Doc Date
2/24/1997
Doc Name
ORDER ON MOTION TO REOPEN
Type & Sequence
SO1
Media Type
D
Archive
No
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C~ <br />H1QQ1nS, 743 F.2d 984, <br />omitted). ... <br />• <br />994 (3d Cir.1984) (emphasis <br />Gardner, at 1518. Thus, the bankruptcy courts' jurisdiction over a <br />given issue or claim is based entirely on the relationship between <br />the underlying bankruptcy proceeding and the asserted claim. The <br />more direct the relationship, the stronger the argument in favor of <br />jurisdiction. <br />The Court finds that the Board's request to reopen the case to <br />enforce and interpret the confirmed Plan is merely a cloak to make <br />the request appear like a core proceeding. The County does not need <br />the shelter of this Court to enforce its rights under the Plan as <br />they are enforceable in the state court. Its claims are unimpaired, <br />=hey exist post-confirmation with the state law rights and remedies <br />held before the bankruptcy petition was filed. All of the creditors <br />had notice and are bound by the Plan's language which permits the <br />~ounty to exercise those rights and remedies in the =_tate courts. <br />To the extent the Count: 's rot sati_fied that the ?lap's repayment <br />terms have been met, it should exercise its rights under the Plan <br />to enforce its state law remedies. Thus, the Court concludes that <br />at best its jurisdiction over the Board's request is related to the <br />administration of property through the Creditor's Trust. <br />The Court notes that the 10th Circuit recognizes a confirmed <br />plan is like a contract. ?aul •~. Monts, 906 F.2d 1468, 1476 (10th <br />Cir. 1990). The Bankruptcy Code's enforcement and modification <br />provisions pertaining to Chapter 11 plans do not preempt a claim <br />outside of the bankruptcy court for breach of contract premised on <br />the plan of reorganization. Tom; see generally, _Tn re BankEast <br />Coro., 142 B.R. 12 (Bankr. D. N.H. 1992); In re Penrod, 169 B.R. <br />910, 916 (Bankr. N.D. Ind.1994), aff'd, 50 F.3d 459 (7"' Cir. 1995). <br />Typically, the state arena is the appropriate forum to resolve <br />claims based upon an alleged breach of the provisions in a plan <br />confirmed several years earlier. Logically, if the contract that <br />is the confirmed plan leaves .the creditor unimpaired, it is intended <br />that the creditor will exercise its (along with any additional <br />claims based upon the new contract) outside of the bankruptcy court. <br />Although jurisdiction ^as been round over the matter, cause has <br />not been shown to reopen the case. The County has abundant <br />protection and relief under state law and should be able to <br />adjudicate its rights both fully and promptly in the state courts. <br />The County's claims do r.ot :-voive matters uniquely suited or those <br />Which in the interest cf =•ustice would require further review by the <br />bankruptcy court. <br /> <br />
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