Northern Apparels, Inc. v. PNC Bank, National Ass'n (In Re Forman Enterprises, Inc.)

271 B.R. 483, 2002 Bankr. LEXIS 28, 38 Bankr. Ct. Dec. (CRR) 244, 2002 WL 54517
CourtUnited States Bankruptcy Court, W.D. Pennsylvania
DecidedJanuary 9, 2002
Docket19-20696
StatusPublished
Cited by2 cases

This text of 271 B.R. 483 (Northern Apparels, Inc. v. PNC Bank, National Ass'n (In Re Forman Enterprises, Inc.)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Northern Apparels, Inc. v. PNC Bank, National Ass'n (In Re Forman Enterprises, Inc.), 271 B.R. 483, 2002 Bankr. LEXIS 28, 38 Bankr. Ct. Dec. (CRR) 244, 2002 WL 54517 (Pa. 2002).

Opinion

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Plaintiff Northern Apparels, Inc. (hereinafter “Northern”) has brought a motion to transfer venue of an adversary action to the United States District Court for the District of New Jersey, which previously had transferred venue of the complaint to this court.

Defendant PNC Bank asserts that re-transferring venue to the court whence it came is inappropriate.

We will deny the motion by Northern for reasons articulated in this memorandum opinion.

*485 —FACTS—

Debtor filed a voluntary chapter 11 petition on January 26, 2000.

In August of 2000, while the case was still a chapter 11 proceeding, Northern commenced a lawsuit against PNC in state court in New Jersey for wrongfully dishonoring a letter of credit payable to Northern for apparel debtor had purchased from it. The case was removed to the United States District Court for New Jersey in October of 2000 at the request of PNC.

On October 24, 2000, a magistrate judge granted a motion by PNC to transfer venue of the case to this court. He concluded that the case was “related to” this bankruptcy case and that Northern had not sufficiently demonstrated that a change of venue “would create any significant inconvenience”. Northern neither sought reconsideration of the decision nor appealed it.

Debtor’s chapter 11 case was converted to a chapter 7 case on June 6, 2001, and was reassigned to this member of the court shortly thereafter.

On October 17, 2001, nearly one year after venue of the above lawsuit was transferred to this court, Northern brought the present motion to transfer venue of the adversary action back to the United States District Court for the District of New Jersey. Northern effectively asks us to vacate or reverse the above decision of the magistrate judge and to re-transfer the case to the venue whence it came.

Northern’s motion and the opposition thereto of PNC was heard on November 20, 2001.

—DISCUSSION—

Northern’s motion primarily rests on two assertions.

It first asserts that we lack jurisdiction over the matter now that debtor’s case has been converted to a chapter 7 case. Debt- or’s bankruptcy estate and its administration, Northern maintains, “will no longer be impacted by this case”. According to Northern, the impact on debtor’s estate of a monetary judgment in favor of Northern and against PNC would not be substantial because debtor’s resulting obligation to indemnify PNC would be dischargeable in a chapter 7 case. The impact of an adjudication in favor of Northern on administration of debtor’s chapter 7 estate would be de minimis because PNC is oversecured.

Northern additionally asserts that the United States District Court for the District of New Jersey would be more appropriate because it is more accessible to Northern and to most potential witnesses.

These assertions do not support re-transferring venue of the above adversary action from this court to the United States District Court for the District of New Jersey.

Conversion of this bankruptcy case to a chapter 7 case has not somehow deprived this court of jurisdiction over the above adversary action.

A bankruptcy court can act only in cases and proceedings lying within its jurisdiction. It has original jurisdiction over: (1) cases under title 11; (2) proceedings arising under title 11; (3) proceedings arising in a case under title 11; and (4) proceedings related to a case under title 11. 28 U.S.C. § 1334.

A case “under title 11” is the bankruptcy case itself, which jurisdictional basis is not relevant here. Donaldson v. Bernstein, 104 F.3d 547, 552 (3d Cir.1997). We are concerned here with jurisdiction over an adversary action, not the bankruptcy case itself.

Because the fourth of the above categories — i.e., proceedings related to a *486 case under title 11 — is the broadest of the remaining jurisdictional bases, we “need only determine whether a matter is at least related to the bankruptcy”. In re Marcus Hook Development Park, Inc., 943 F.2d 261, 264 (3d Cir.1991). If it so “related to”, we have jurisdiction over the matter.

A proceeding is “related to” a bankruptcy case if “the outcome of that proceeding could conceivably have any effect on the estate being administered in bankruptcy”. Pacor v. Higgins, 743 F.2d 984, 994 (3d Cir.1984). A proceeding need not be against debtor or debtor’s property for jurisdiction to exist under this standard. In re Guild & Gallery Plus, Inc., 72 F.3d 1171, 1180-81 (3d Cir.1996).

The key word in this formulation is “conceivable”. Neither certainty nor likelihood is required. Bankruptcy jurisdiction exists “so long as it is possible that a proceeding may impact on the debtor’s rights, liabilities, options, or freedom of action in the handling and administration of the bankruptcy estate.” In re Marcus Hook, 943 F.2d at 264.

Applying these principles to the matter at hand, we conclude that we have jurisdiction over this adversary even after conversion of debtor’s bankruptcy case to a chapter 7 proceeding. Resolution of the dispute between Northern and PNC would, at the very least, affect debtor’s liabilities or administration of its estate. Debtor is obligated under the credit agreement underlying the letter of credit at issue here to indemnify PNC for any damages it incurred in connection with the letter of credit. A monetary judgment in favor of Northern and against PNC could conceivably affect the amount of debtor’s assets that will be available for distribution to creditors other than PNC.

The magistrate judge so determined when deciding that a transfer of venue of the adversary action to this court was appropriate. Northern, which chose not to seek reconsideration of or to appeal the decision, effectively is asking us to reconsider or reverse the magistrate judge’s decision. We agree with the magistrate judge and see no reason to reverse his decision merely because the case was converted to a chapter 7 proceeding.

Perhaps recognizing that this adversary action is at least “related to” the underlying bankruptcy case, Northern asserts that the impact on debtor’s estate of a monetary judgment in this adversary action in its favor would be “insubstantial” or “de minimis”.

“Related to” jurisdiction does not require the conceivable affect on debtor’s liabilities or administration of its estate to exceed some threshold minimum quantum before such jurisdiction exists.

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271 B.R. 483, 2002 Bankr. LEXIS 28, 38 Bankr. Ct. Dec. (CRR) 244, 2002 WL 54517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northern-apparels-inc-v-pnc-bank-national-assn-in-re-forman-pawb-2002.