Buchbinder

Buchbinder v. Ingrey (In re Guaranty Chevrolet)

Good Law
35 B.R. 381·1983 U.S. Dist. LEXIS 12267
United States District Court, Southern District of CaliforniaOctober 27, 1983Bankruptcy No. 82-1519-K-11; Adv. No. C83-1517-M-11California2,049 words

Opinion

Lead Opinion

Turrentine, J.

ORDER RE CONSTITUTIONALITY OF MARATHON REFERENCE RULE

This matter comes before this court on certification by Bankruptcy Judge Meyers of the immediate need to review the constitutionality of the Interim Rule (“Marathon Reference Rule”), which governs the administration of the bankruptcy system, adopted by the United States District Court for the Southern District of California in General Order 279-B. This certification was made pursuant to §§ (e)(2)(A)(ii) and (e)(3) of the aforementioned Rule.

Fred Robbin is named as a defendant in a complaint brought by the trustee which seeks the recovery of assets alleged to have been diverted in fraud of the estate’s creditors. There are 11 counts, 4 of which are substantive federal counts under Chapter 11 of the Bankruptcy Code. Defendant argues that neither this court nor the bankruptcy court has subject matter jurisdiction and that the adversary proceeding must therefore be dismissed pursuant to F.R.C.P. 12(b)(1). This court disagrees.

I.

This court has previously determined that the Marathon Reference Rule is constitutional, see In Re Boileau, 30 B.R. 795 (D.C.S.D.Cal.1983), but due to the brevity of its *383 previous opinion on the…

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