Federal Insurance v. Parnell

407 B.R. 862
CourtDistrict Court, W.D. Virginia
DecidedJune 8, 2009
DocketBankruptcy No. 6:09MC00002; Adversary Proceeding No. 09-06032
StatusPublished
Cited by2 cases

This text of 407 B.R. 862 (Federal Insurance v. Parnell) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Federal Insurance v. Parnell, 407 B.R. 862 (W.D. Va. 2009).

Opinion

MEMORANDUM OPINION

NORMAN K. MOON, District Judge.

In this Chapter 7 bankruptcy proceeding, Defendant Stewart Parnell, a former director and officer of Debtor Peanut Corporation of America (“PCA”), seeks the discretionary withdrawal of reference of an [864]*864adversary proceeding with Plaintiff Federal Insurance Company (“FIC”) from U.S. Bankruptcy Court. For the reasons stated below, Parnell’s Motion for Withdrawal of Reference (docket no. 1) will be granted in a separate Order to follow.

I. Background

On February 13, 2009, PCA initiated a Chapter 7 bankruptcy proceeding in U.S. Bankruptcy Court for the Western District of Virginia. PCA holds a directors’ and officers’ insurance policy with FIC. On March 19, 2009, anticipating that demands for payments under the directors’ and officers’ policy would exceed the $1 million maximum aggregate liability limit as a result of allegations that certain peanut products manufactured by PCA contained salmonella, FIC filed an interpleader action in Bankruptcy Court to determine the allocation of the proceeds among individuals insured by the policy. In response, Parnell filed an answer, a statement of claim to the interpled funds, and counterclaims in Bankruptcy Court, and a Motion to Withdraw Reference in this Court.

Parnell asks the Court to exercise its discretion to withdraw reference of FIC’s adversary proceeding on the grounds that: (1) he has filed state law counterclaims that implicate his right to trial by jury, and (2) the interpleader action is a non-core, non-bankruptcy claim. Roy Creasy, the Chapter 7 Trustee for PCA, opposes Parnell’s Motion. He disputes Parnell’s claim that the interpleader action is a non-core proceeding and argues that Parnell consented to Bankruptcy Court jurisdiction and thus waived his right to seek withdrawal by filing a statement of claim and counterclaims in response to the adversary proceeding. The Trustee also argues that it is not necessary or appropriate to withdraw reference at this juncture because the adversary proceeding names 109 separate defendants, only a handful of whom have been served or filed responsive pleadings. According to the Trustee, the other named defendants should be given an opportunity to weigh in on whether this Court should withdraw reference before any decision is rendered. At the June 4, 2009 hearing on this matter, counsel for David W. Royster, III and David W. Roy-ster, IV—two of the other defendants who were recently served—agreed with Parnell that the interpleader action is a non-core proceeding but concurred with the Trustee in recommending that the Court take Parnell’s Motion under advisement until the other defendants are served and respond.

As stakeholder in the interpleader action, FIC takes no position on Parnell’s Motion and claims that it is willing to have the adversary proceeding resolved in Bankruptcy Court or this Court.

II. Discussion

Federal district courts exercise original jurisdiction over all bankruptcy matters, but may refer bankruptcy proceedings to subordinate bankruptcy courts as a matter of course. See 28 U.S.C. §§ 157(a), 1334(a), (b). In some cases, district courts may or must withdraw reference of such proceedings in whole or in part. 28 U.S.C. § 157(d). While withdrawal of reference is mandatory when “resolution of the proceeding requires consideration of both title 11 and other laws of the United States regulating organizations or activities affecting interstate commerce,” discretionary withdrawal may be ordered “for cause shown.” Id. The burden of demonstrating grounds for withdrawal is on the movant. In re U.S. Airways Group, Inc., 296 B.R. 673, 677 (E.D.Va.2003).

In this case, Parnell asks that the Court exercise its discretion to withdraw reference “for cause shown.” While “cause” is not defined by statute, the ma[865]*865jority of circuits look to several different factors when determining whether discretionary withdrawal of reference is warranted:

(i) whether the proceeding is core or non-core, (ii) the uniform administration of bankruptcy proceedings, (iii) expediting the bankruptcy process and promoting judicial economy, (iv) the efficient use of debtors’ and creditors’ resources, (v) the reduction of forum shopping, and (vi) the preservation of the right to a jury trial.

Id. at 681-82 (citations omitted).1

In 28 U.S.C. § 157(b)(2), Congress set forth a non-exhaustive list of examples of core proceedings. In general, “a proceeding is core under section 157 if it invokes a substantive right provided by title 11 or if it is a proceeding that, by its nature, could arise only in the context of a bankruptcy case.” In re U.S. Airways Group, Inc., 296 B.R. at 682 (quoting In re Wood, 825 F.2d 90, 97 (5th Cix.1987)). “[A]ny proceeding dependent on bankruptcy for its existence is a core bankruptcy proceeding.” C.F. Trust, Inc. v. Tyler (In re Peterson), 318 B.R. 795, 803 (E.D.Va.2004). A non-core proceeding, by contrast, does not depend on bankruptcy law for its existence and “could proceed in another court.” Security Farms v. Int’l Bhd. of Teamsters, 124 F.3d 999, 1008 (9th Cir.1997).

As an interpleader action brought pursuant to federal statute and rule, FIC’s adversary proceeding is non-core. It does not invoke a substantive right provided by title 11, nor is it a proceeding that could arise only in the context of a bankruptcy case. And because it does not involve issues uniquely related to bankruptcy law, the interpleader action could clearly proceed in a forum outside Bankruptcy Court. While the Trustee contends that the action is a core proceeding under 28 U.S.C. § 157(b)(2)(A) (“matters concerning the administration of the estate”) and § 157(b)(2)(0) (“other proceedings affecting the liquidation of the assets of the estate”), the Fourth Circuit has specifically avoided resorting to “such broadly inclusive language” for fear that it would run afoul of the constitutional limitations imposed on bankruptcy court jurisdiction by the Supreme Court. See Canal Corp. v. Finnman (In re Johnson), 960 F.2d 396, 401 (4th Cir.1992). Although PCA is named as a possible beneficiary of the directors’ and officers’ policy, its general creditors are not entitled to policy proceeds, and it is highly speculative that the Estate would receive any of the $1 million to be distributed in the interpleader action given the potential extent of liability faced by the individuals covered under the policy. The directors, officers, and employees of PCA have priority under the terms of the policy, and all parties concede that the claims under the policy will far exceed the liability limit. Reading 28 U.S.C. § 157(b)(2)(A) and (O) as broadly as the Trustee suggests could result in almost every conceivable adversary proceeding filed in Chapter 7 bankruptcy being treated as a core claim.

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Related

In Re Peanut Corp. of America
407 B.R. 862 (W.D. Virginia, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
407 B.R. 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-insurance-v-parnell-vawd-2009.