Residential capital liquidating trust

(In re Orion Pictures Corp.), 4 F.3d 1095, 1101 (2d Cir.1993)).

Res Cap argues that this adversary proceeding is a core proceeding because it involves the enforcement of the bankruptcy court's own orders, concerns the "administration of the estate," § 157(b)(2)(A), and is a counterclaim against PHH Mortgage's proof of claim.

Second, Res Cap's argument that this is a core proceeding because it concerns the administration of the bankruptcy estate proves too much.

The debtor then filed an unrelated counterclaim, asserting that the creditor had tortiously interfered with an expected gift.

Plaintiff Res Cap Liquidating Trust ("Res Cap"), the successor to Residential Funding Corp., LLC ("RFC"), filed this suit against PHH Mortgage Corp. For the reasons explained below, the defendant's motion is granted. arising out of or relating to this Contract in any court other than as hereinabove specified in this paragraph 9. Section 157(b)(2)(C) includes among core proceedings: "counterclaims by the estate against persons filing claims against the estate." In Stern, a creditor filed a proof of claim, alleging that the debtor defamed him. at 2604-05, even if the counterclaim is based on state law and is not related to a creditor's proof of claim. However, Res Cap's third argument — that this matter is a core proceeding because it is a counterclaim against an entity that filed a proof of claim — is correct. The Supreme Court held that under the plain text of § 157(b)(2)(C), a counterclaim filed by a debtor in response to a proof of claim is a core proceeding, id. Res Cap styled its Amended Complaint as a "counterclaim," and PHH Mortgage had filed its proof of claim before Res Cap filed the Amended Complaint. A, with Original Compl.) At least seventy related actions remain pending in the Minnesota courts. at 27.) On July 11, 2014, the defendant moved to withdraw the bankruptcy reference in this case pursuant to 28 U. § 157(d) and to transfer venue to the United States District Court for the District of Minnesota pursuant to 28 U.

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