- Ninth Circuit Case No. 12-60019 (August 7, 2014) (Unpublished)
- "Related to" jurisdiction exists when there is a close nexus between the bankruptcy plan and a mandamus petition. A close nexus exists when resolution of mandamus petition requires court to interpret the bankruptcy plan and confirmation order to determine if claims are discharged or if suit is enjoined under plan.
- Procedural context:
- State court mandamus petition removed from state court to bankruptcy court and bankruptcy court dismissed the mandamus petition for failure to state a claim. On appeal to BAP, BAP ruled that bankruptcy court lacked subject matter jurisdiction over the mandamus petition and remanded to bankruptcy court with instructions to remand the mandamus petition to the state court. The decision of the BAP was thereafter appealed.
- The facts were not recited in the opinion.
- Pregerson and Wardlaw, Circuit Judges, and Burrell, Senior District Judge sitting by designation.
In re Carol Engen
Summarizing by Bradley Pearce
3101 in the system
2 Being Processed