Gbby Ewa Limited Partnership v. Finance Factors, Limited

MEMORANDUM

GBBY appeals the district court’s affir-mance of the bankruptcy court’s handling of Finance Factors’ foreclosure action. As part of this appeal, GBBY contends that the bankruptcy court lacked subject matter jurisdiction over this action. Since subject matter jurisdiction can be raised at any time, we must address GBBY’s eleventh-hour argument. See Sebelius v. Auburn Reg’l Med. Ctr., — U.S. -, 133 S.Ct. 817, 824 , 184 L.Ed.2d 627 (2013).

This action was triggered by Summit Creditors’ Trust’s action in the bankruptcy court, which was brought, in part, to enforce a settlement agreement approved by the bankruptcy court in connection with its dismissal of an earlier bankruptcy proceeding. The Stipulation and Order approving the agreement and dismissing the action incorporated the settlement agreement by reference. This was sufficient to give the bankruptcy court ancillary jurisdiction over Summit Creditors’ action. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994). Since the bankruptcy court had ancillary jurisdiction over Summit Creditors’ action, it also had ancillary jurisdiction over Finance Factors’ action as a…