Stewart

Stewart v. Rosenblum

Good Law
9 F. App'x 633
United States Court of Appeals for the Ninth CircuitMay 15, 2001No. 99-17395; BAP No. NC-98-01766-RyMePCalifornia999 words

Opinion

Lead Opinion

MEMORANDUM ***

Troy A. Stewart, an unsecured creditor of debtor Sun Cho, appeals the Bankruptcy Appellate Panel’s affirmance of the bankruptcy court’s dismissal, on res judicata grounds, of his action alleging various state law claims against Cho and the law firm that represented the bankruptcy trustee, Rosenblum, Parish & Isaacs (“RPI”). The facts and prior proceedings are known to the parties; they are not restated herein except as necessary.

I

Stewart first contends that removal of his state court action to bankruptcy court was improper. We disagree. Section 28 U.S.C. § 1452 (a) permits removal of state court actions which fall within the district courts’ bankruptcy jurisdiction as provided by 28 U.S.C. § 1334 . 28 U.S.C. § 1452 (a). Section § 1334 grants district courts jurisdiction over, inter alia, civil proceedings “arising under” the Bankruptcy Code, i.e., “core” bankruptcy proceedings, which include “matters concerning the administration of the estate,” “proceedings to determine, avoid, or recover fraudulent conveyances,” and “objections to discharges.” See 28 U.S.C. §§ 157 (b)(1), (2)(A), (H), (J), 1334(b).

We have held that “postpetition state law claims asserted by…

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