Empire State Building Co., L.L.C. v. New York Skyline, Inc. (In re New York Skyline, Inc.)

Citation:
No. 14-2585-bk (Summary order, not precedential)
Tag(s):
Ruling:
1- Consent to final adjudication by a non-Article III bankruptcy judge of a non-core matter must be unambiguous. It can be inferred by conduct, but here the debtor's acquiescence to the bankruptcy court's rulings must be understood in the context of the court's pre-Stern ruling that the matter was core and its post-Stern ruling that it had authority to adjudicate the claims. 2- The standard "retention of jurisdiction" provision in the plan proposed by the debtor also did not constitute consent because the term "court" in the provision could be read to mean the district court and since it is the district court, and not the bankruptcy court, that ultimately has jurisdiction. 3- The district court's decision to remand to the bankruptcy court was not an appealable final order.
Procedural context:
Appeal from district court's vacation of injunction issued by bankruptcy court and remand order.
Facts:
Incorporated in ruling section.
Judge(s):
JOHN M. WALKER, JR., GUIDO CALABRESI, and REENA RAGGI,

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