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Part V Bankruptcy Courts and Clerks (FRBP 5001-5011) Judge Davis

Satija v. Haza Foods, LLC (In re Davila General Contractors, LLC), Adv. No. 21-01038, 2022

Upon request from the District Court, the Bankruptcy Court prepared proposed findings of fact and conclusions of law regarding the Defendant’s motion to withdraw the reference. The Court found that this turnover adversary proceeding is non-core because it is based on a disputed contract claim and is governed by state law. Ultimately, the Court recommended that the District Court decline to withdraw the reference at this time because the bankruptcy court could rule on all dispositive motions and get the suit ready for trial even if there’s a right to a jury trial and because judicial economy, uniformity in bankruptcy administration, economical use of resources, and expediting the bankruptcy process would all be better served by the bankruptcy court keeping the proceeding.

WL 65893 (Bankr. W.D. Tex. Jan. 6, 2022)