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Chapter 1 General Provisions (Judge Davis)

American Standard Energy, Corp. v. Geronimo Holding Corp. (Aug. 8, 2017)

In this adversary proceeding, the Plaintiffs sought a judgment that the Defendants violated their discharge injunction by filing a state court lawsuit to establish that term assignments of oil and gas leases had terminated. In response, the Defendants filed a motion to dismiss on several grounds, including on the ground that the state court litigation did not involve the assertion of a “claim,” as defined by the bankruptcy code, and therefore did not violate the discharge injunction. Because the term assignments did not provide for a monetary damages remedy the Court ruled that the state court lawsuit did not involve the assertion of a “claim” that would be barred by the discharge injunction and granted the motion to dismiss as to that ground.

WL Cite: 2017 WL 3405511