MSP Recovery Claims, Series LLC, a Delaware Series Limited Liability Company v. Plant Insulation Company Asbestos Settlement Trust, a Nevada Trust

Good Law
United States District Court, Northern District of CaliforniaMarch 11, 20223:21-cv-08602California1,087 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MSP RECOVERY CLAIMS, SERIES LLC,

A DELAWARE SERIES, Case No. 21-cv-08602-RS

Plaintiff,

ORDER DENYING MOTION TO

v. WITHDRAW BANKRUPTCY

REFERENCE

PLANT INSULATION COMPANY

ASBESTOS SETTLEMENT TRUST,

14 Defendant. 15 Plaintiffs have filed an adversary proceeding in Bankruptcy Court, No. 3:21-03045, MSP Recovery Claims, Series LLC v. Plant Insulation Co. Asbestos Settlement Trust (In re Plant Insulation Co), and now move to withdraw the reference of the matter to that court. Pursuant to Civil Rule 7-1(b), the motion is suitable for disposition without oral argument and the hearing set for April 14, 2022, is vacated. Withdrawal of the bankruptcy court reference is mandatory where “resolution of the proceeding requires consideration of both title 11 and other laws of the United States regulating organizations or activities affecting interstate commerce.” 28 U.S.C. § 157(d). Courts in the Ninth Circuit have concluded that…

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