HERENDEEN
v.
FORD MOTOR CREDIT COMPANY LLC

M.D. Fla. | 2020-12-22
No. 3:14-cv
2015 WL 5316944 District Court, M.D. Florida (2020) Positive Treatment
Cited by 1 case

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Holding

The Court grants the motion to withdraw the reference because the remaining claim is non-core and the bankruptcy court lacks jurisdiction to enter a final judgment without consent.

Facts & Procedural History

Plaintiff, as Chapter 7 Trustee, sued Defendant. The bankruptcy court proceedings are nearly complete, with only a non-core state law claim under the …

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Topics
28 U.S.C. § 157(D) Core Vs. Non-Core Proceedings Withdrawal Of Reference Non-Core Proceedings

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Opinion of the Court

2. The Clerk of the Bankruptcy Court is DIRECTED to transfer the file to the Clerk of this Court and thereafter close the adversary proceeding. 3. The Clerk of this Court is thereafter DIRECTED to open this matter as a new civil case and randomly assign the case to a district judge and magistrate judge in accordance with the rules of this Court. 4. The Clerk of this Court is DIRECTED to close Case No. 8:20-cv-2231-

TPB.

DONE and ORDERED in Chambers in Tampa, Florida, this 22nd day of December, 2020.

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TOM BARBER

UNITED STATES DISTRICT JUDGE

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Citator

Cited By

  • Herendeen v. Ford Motor Credit Co. LLC, 2015 WL 5316944 (M.D. Fla. 2020)
    …se, court file, argument of counsel, and the record, the Court finds that cause has been shown for withdrawal of the reference under 28 U.S.C. § 157(d). See generally Herendeen v. Specialized Loan Servicing LLC (In re Fields), No 8:15-cv-1521-T-24, 2015 WL 5316944, at *2 (Sept. 11, 2015) (discussing factors applicable to withdrawal of reference). Pretrial proceedings in the Bankruptcy Court, including summary judgment proceedings, are substantially complete and the only remaining proceedings required are fin…

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