Fireman's Fund Insurance Companies v. Miles, Wright, Finley, & Zak (In re McColm)

MEMORANDUM AND ORDER

Now before the Court is the appeal of Elizabeth Edwards from the bankruptcy court’s Order of Remand dated June 29, 1999 in Fireman’s Fund Ins. Cos. v. Miles, Wright, Finley, Zak, et al., Adversary Proceeding No. 98-3369 DM,

BACKGROUND

The adversary proceeding relates to the claims of Fireman’s Fund Insurance Companies (“Fireman’s”) concerning the alleged fraudulent transfer of property among and between the defendants in that proceeding. The proceeding was originally filed in state court and was removed to bankruptcy court by the debtor, Patricia McColm. The petitioner, Elizabeth Edwards (“Edwards”) moved in the bankruptcy court to dismiss the action on the ground that the bankruptcy court did not have personal jurisdiction and on the ground that she had not been properly served. The court denied the motions and petitioner filed motions for reconsideration.

In the meantime, the debtor’s Chapter 11 bankruptcy was converted to Chapter 7 and the Chapter 7 trustee abandoned any interest that the estate may have held in the adversary proceeding. The debtor received her discharge on April 29, 1999 and was dismissed from the adversary proceeding. As a result of…