(W.D. Ky. May 2, 2017)
The district court denies the debtor’s motion to withdraw the referral of one count of her complaint to the bankruptcy court. The defendant had filed a motion with the bankruptcy court seeking to have the count dismissed because it was not a core claim. The debtor then sought an order withdrawing the reference to avoid litigating the jurisdictional question. The district court declines to grant the motion, stating that the bankruptcy court should rule on the motion to dismiss, as it has jurisdiction to consider the issue presented with the motion. Opinion below.
Attorneys for Plaintiff/Debtor: Whitford & Neuhauser, Ross B. Neuhauser
Attorneys for Defendants: Reimer Law Co., Dennis Mark Ostrowski; Smith, Rolfes & Skavdahl, Co., LPA, Neil P. Baine