LAW 794 Lecture Notes - Lecture 4: Implied Consent, In Rem Jurisdiction, Counterclaim
30 Mar 2020
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Automatic referral of bk cases to bk courts. R. 7008(a): when filing a complaint, shall contain statement that is core/noncore, and if noncore, then line whether party consents. R. 7012: responsive pleading shall admit/deny that proceeding is core/noncore, should include statement that please does/not consent. Scotus in stern seemed to endorse notion of. Core proceedings -> bk judge, subject to conventional appellate review; 157(b) Arising under -> cause of action is created by bk code (e. g. , preferential xfers) Arising in -> in absence of bk case, this cause of action wouldn"t exist, or would exist in a different form. Related to -> cause of action that could have been brought outside of. Ttee brought action t void preference payment made by petitioner w/in preference period. Ttee said since payment made w/in preference period, it can be recovered. Cause of action for 500$ judgment outside bk prob in personam.
