Bakst v. Smokemist, Inc. (In re Gladstone)

513 B.R. 149, 72 Collier Bankr. Cas. 2d 168, 2014 WL 3360354, 2014 Bankr. LEXIS 3007, 59 Bankr. Ct. Dec. (CRR) 201
CourtUnited States Bankruptcy Court, S.D. Florida.
DecidedJuly 7, 2014
DocketCase No.: 10-32093-EPK; Adv. Proc. No.: 14-01343-EPK
StatusPublished
Cited by13 cases

This text of 513 B.R. 149 (Bakst v. Smokemist, Inc. (In re Gladstone)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Florida. primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bakst v. Smokemist, Inc. (In re Gladstone), 513 B.R. 149, 72 Collier Bankr. Cas. 2d 168, 2014 WL 3360354, 2014 Bankr. LEXIS 3007, 59 Bankr. Ct. Dec. (CRR) 201 (Fla. 2014).

Opinion

Chapter 7

ORDER DETERMINING THAT THIS PROCEEDING IS A CORE MATTER IN ITS ENTIRETY AND THAT THIS COURT MAY ENTER FINAL ORDERS AND JUDGMENTS

Erik P. Kimball, Judge

This matter comes before the Court pursuant to 28 U.S.C. § 157(b)(3) and the Defendants’ Motion Requesting That This Court Determine Whether This Proceeding Is A Core Proceeding Or Otherwise Subject To The Entry Of Final Orders Or Judgments By This Court, And Objection To The Entry Of Final Orders Or Judgments By This Court [ECF No. 53] filed by Smokemist, Inc., West Coast Investment Partners, LP, The Rio Trust, Gladstone Group Investments, Inc., and Galena Associates, Inc. (together, the “Movant Defendants”).1 For the reasons that follow, the Court determines that there is subject matter jurisdiction over this proceeding under 28 U.S.C. § 1334(b), all requests for relief in this adversary proceeding are core matters under 28 U.S.C. § 157(b), and this Court may enter finals orders and judgments in this adversary proceeding.

BACKGROUND

Michael R. Bakst, as trustee in the chapter 7 case of Richard J. Gladstone, is the plaintiff in this action. In the complaint [ECF No. 1], the plaintiff argues that the debtor Richard J. Gladstone (the “Debt- or”) “holds cash, property, investments, and other assets in a complex web of trusts, corporations, and limited liability companies” including the defendants. The plaintiff alleges that the Debtor’s financial arrangements are “intended to obfuscate the source and disposition of funds” to make the Debtor “appear judgment proof and to defraud present and future creditors.” The plaintiff alleges that the Debt- or “completely controls and dominates” the defendants, that he “oversees all aspects of each one’s assets and property, signs checks, pays personal expenses from their accounts, and treats all of their assets as his own.” The plaintiff alleges “[t]here is a complete blurring of the entity form between [the defendants] and the Debtor.” The plaintiff alleges that there is no proper purpose for the Debtor’s financial ar[153]*153rangements and that the defendants themselves and all assets of the defendants should be recognized as property of the Debtor and thus property of the estate in this chapter 7 case.

The complaint states four counts for relief. Count I seeks a declaratory judgment that all of the defendants “are owned by the Debtor and/or are his alter ego, that they and their assets are accordingly property of the estate under 11 U.S.C. § 541.” Count II seeks an order of turnover under 11 U.S.C. § 542 of those assets identified as property of the estate as a result of relief granted under Count I. Count III seeks an order substantively consolidating all of the defendants into the Debtor’s bankruptcy estate, with their assets and liabilities to be administered in this chapter 7 case. Count IV seeks an accounting from each defendant.

FEDERAL BANKRUPTCY JURISDICTION, DETERMINATION OF CORE MATTERS, AND LIMITATIONS UNDER ARTICLE III

Pursuant to Article I, Section 8 of the United States Constitution, Congress enacted 28 U.S.C. § 1334. Section 1334 is the sole source of subject matter jurisdiction in bankruptcy. Subsection (a) of that provision grants to the district courts “original and exclusive jurisdiction of all cases under title 11,” and subsection (b) grants to the district courts “original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11.” 28 U.S.C. §§ 1334(a) and (b).

A proceeding “arising under” title 11 is one based in a provision of the Bankruptcy Code itself. Cont’l Nat’l Bank of Miami v. Sanchez (In re Toledo), 170 F.3d 1340, 1345 (11th Cir.1999) (citation omitted). For example, an action to avoid and recover a preferential transfer under 11 U.S.C. §§ 547 and 550 is one “arising under” title 11. A proceeding “arising in” a case under title 11 is a proceeding that, even if not specifically provided for in the Bankruptcy Code, can take place only in the context of a case under title 11. This includes various matters affecting administration of a bankruptcy estate. Id. (citations omitted). Proceedings arising under title 11 or arising in a title 11 case are to be contrasted with “related to” matters. A “related to” matter is one which does not find its source in the Bankruptcy Code, and could be pursued outside a title 11 case, but which nonetheless bears a connection with the title 11 case sufficient to bring it within federal bankruptcy jurisdiction. Miller v. Kemira, Inc. (In re Lemco Gypsum, Inc.), 910 F.2d 784, 788 (11th Cir.1990) (“An action is related to bankruptcy if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action (either positively or negatively) and which in any way impacts upon the handling and administration of the bankrupt estate.”) (citation omitted).

All bankruptcy jurisdiction is initially lodged in the district courts. Under 28 U.S.C. § 157(a), each district court may refer to the bankruptcy court “any or all cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11.” Thus, the district court may refer to the bankruptcy court any and all matters covered by 28 U.S.C. § 1334. This has been accomplished in every district in the United States by standing orders of reference. On March 27, 2012, the district court for the Southern District of Florida issued a revised Order of Reference, Administrative Order 2012-25 (the “Standing Order”). The Standing Order refers to the bankruptcy court in this district any and all cases and proceedings covered by federal bankruptcy jurisdiction. The district court [154]*154may for cause shown withdraw, in whole or in part, any case or proceeding referred to the bankruptcy court under the Standing Order. 28 U.S.C. § 157(d).

Not all matters referred to the bankruptcy court are subject to entry of final orders or judgments in the bankruptcy court. Congress decreed that “all cases under title 11 and all core proceedings arising under title 11, or arising in a case under title 11” referred to the bankruptcy court are subject to entry of final orders and judgments in the bankruptcy court.

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Cite This Page — Counsel Stack

Bluebook (online)
513 B.R. 149, 72 Collier Bankr. Cas. 2d 168, 2014 WL 3360354, 2014 Bankr. LEXIS 3007, 59 Bankr. Ct. Dec. (CRR) 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bakst-v-smokemist-inc-in-re-gladstone-flsb-2014.