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Opinion 326

Case Name: 

Cascade Energy & Metals Corp. v. Banks (In re Cascade Energy & Metals Corp.)

Judge: 
U.S. District Court, Utah
Date: 
Apr-23-1991
Case Number(s): 
88PC-0861
Status: 

APPEAL
Unpublished

Body: 

The bankruptcy court considered debtor's adversary claims against defendants and concluded that defendants had not properly perfected their equitable lien on debtor's property, but dismissed the remaining allegations of the complaint for lack of subject matter jurisdiction. On appeal, the district court held that, pursuant to 11 U.S.C. § 1142(b), bankruptcy courts retain post-confirmation jurisdiction to resolve issues that are necessary to the plan's success, including the promotion of justice and fair play. The court then concluded that resolution of debtor's adversary claims was necessary for the plan's completion, as the issues related to priority of claims. The district court remanded the case, on the ground that the bankruptcy court had subject matter jurisdiction to decide all of the issues raised in debtor's post-confirmation adversary proceeding.

Internal Ref: 
Opinion 326
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