Neves

Neves v. Great American Capital

Good Law
291 F. App'x 36
United States Court of Appeals for the Ninth CircuitAugust 14, 2008No. 07-35255California421 words

Opinion

Lead Opinion

MEMORANDUM *

Manny Lincoln Neves appeals the district court’s decision affirming the bankruptcy court’s order (“Order”) entered March 2, 2006. The parties are familiar with the facts; we proceed to the law. J wrisdictiou

The bankruptcy court had jurisdiction over the subject matter of the Order. Section 1334(e)(1) of Title 28 of the U.S.Code states,

28 U.S.C. § 1334 (e)(1). This jurisdiction was appropriately referred by the district court to the bankruptcy court pursuant to 28 U.S.C. § 157 (a).

The bankruptcy court’s Order dealt with the allocation and disbursal of *38 funds pursuant to a 44-percent membership interest in Avalon Nevada. The membership interest was held in Neves’s name but remained property of the estate. The property did not revert to Neves upon the confirmation of the Chapter 11 plan, but was explicitly vested in a liquidating trust, over' which the bankruptcy court preserved exclusive jurisdiction. This pulls the rug out from under any argument that the forum selection clause in the operating agreement for Avalon Nevada undermined Neves fails in his argument that the trustee abandoned the estate’s claim to funds disbursed pursuant to the membership interest…

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