You are here

Opinion 219

Case Name: 

Rushton v. Traub (In re Nell)

Judge: 
U.S. District Court, Utah
Date: 
Feb-23-1987
Case Number(s): 
86PA-0104
Status: 

APPEAL
71 B.R. 305 (D.Utah)

Body: 

The bankruptcy court entered a final order dismissing trustee's adversary complaint for recovery under a prepetition contract. Concluding that the trustee's adversary was "non-core," under N. Pipeline Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982), the district court held that the bankruptcy court was without jurisdiction to enter a final order unless all parties consented, and that such consent should ordinarily be explicit and on the record. Absent consent, the bankruptcy court could only prepare proposed findings and conclusions for the district court's de novo review. As there was no record evidence that the parties had consented to the bankruptcy court entering a final order, the case was remanded for further proceedings.

Internal Ref: 
Opinion 219
File: