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Case 1:05-cv-09137-DLC Document 25 Filed 02/03/2006 Page 1 of 10
DAVID NORKIN,
-against-
Defendant.
----------------------------------X
Argument
I.
a “non-core” action.
motion, this malpractice action does not fit within any of the
Dockets.Justia.com
Case 1:05-cv-09137-DLC Document 25 Filed 02/03/2006 Page 2 of 10
“core” proceedings.
See, also, XL Exports Ltd. v. Lawler, 2002 U.S. App. LEXIS 21168,
Luan Investment S.E. v. Franklin 145 Corp., 304 F.3d 223, 229 (2nd
637:
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Case 1:05-cv-09137-DLC Document 25 Filed 02/03/2006 Page 3 of 10
Wechsler, supra, cited in Von Richtoven like the case at bar, were
New York State common law and New York State rules and regulating
399 F.2d 436 at 448 (2nd Cir. 2005), which provides that:
The Second Circuit in both Mt. McKinley and in United States Lines
Association, 197 F.3d 631, 637 (2nd Cir. 1999), were specifically
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Case 1:05-cv-09137-DLC Document 25 Filed 02/03/2006 Page 4 of 10
the trustee makes this case a core proceeding. The Second Circuit
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Case 1:05-cv-09137-DLC Document 25 Filed 02/03/2006 Page 5 of 10
At bar, apart from the fact that the Trustee may share in the
proceeds of any recovery, the dispute does not involve Mr. Norkin’s
Mr. Norkin’s bankruptcy. Neither the Trustee, nor the debtor, nor
Britestarr is not a party to the case; (5) combining this case with
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Case 1:05-cv-09137-DLC Document 25 Filed 02/03/2006 Page 6 of 10
proceeding, but cause undue cost and delay to the creditors and the
trustee.
Fund, Ltd. v. Telecheck Services, Inc., 317 B.R. 472, 476 (Bankr.
to the effect that it had not agreed to sell those claims. The
case at bar, where the dispute has never been raised in the
The defendant also cites Grausz v. Englander, 321 F.3d 467 (4th
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Case 1:05-cv-09137-DLC Document 25 Filed 02/03/2006 Page 7 of 10
defendant law firm’s fees in the bankruptcy action, and the Circuit
Court held that that approval constituted res judicata with respect
Trust (In re: A.H. Robins Co.), 86 F.3d 364 (4th Cir.); cert.
denied, 519 U.S. 553 (1996), another Fourth Circuit case. In A.H.
fees to be paid were all created within the bankruptcy court, the
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Case 1:05-cv-09137-DLC Document 25 Filed 02/03/2006 Page 8 of 10
II.
injury case).
covered by the Warsaw Convention, and thus federal law. (The Court
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the Warsaw Convention). Thus, even in Pan Am, the Court let stand
claims.
would materially increase the cost and slow down the pace of the
which neither the debtor nor the trustee nor any creditor of the
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Case 1:05-cv-09137-DLC Document 25 Filed 02/03/2006 Page 10 of 10
language in the more recent case, Mt. McKinley, supra (399 F.3d at
abstention:
Conclusion
By:________________________________
Richard M. Asche (RMA7081)
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