Merhav Ampal Group, Ltd. v. Merhav (M.N.F.) Ltd.
Opinion of the Court
SUMMARY ORDER
Defendants Merhav (M.N.F.) Limited and Yosef Maiman (collectively “Merhav”) appeal from the district court’s affirmance of the bankruptcy court’s grant of summary judgment in favor of plaintiff Merhav Ampal Group, Ltd., (“MAG”) arguing that the bankruptcy court lacked subject matter jurisdiction over the adversary proceeding.
Title 28 U.S.C. § 1334(b), by way of 28 U.S.C. § 157(c), confers jurisdiction upon bankruptcy courts over “civil proceedings ... related to cases under title 11.” 28 U.S.C. § 1334(b); see id. § 157(c). The Supreme Court has characterized this provision as “a grant of some breadth.” Celotex Corp. v. Edwards, 514 U.S. 300, 308, 115 S.Ct. 1493, 131 L.Ed.2d 403 (1995); but see id. at 310, 115 S.Ct. 1493 (noting that “jurisdiction of bankruptcy courts may extend more broadly” in “reorganization under Chapter 11” than in “liquidation under Chapter 7”). This court has held that litigation falls within a bankruptcy court’s “related to” jurisdiction if it “has a significant connection with a pending bankruptcy proceeding [such that] its outcome might have any conceivable effect on the bankrupt estate.” In re Cuyahoga Equip. Corp., 980 F.2d 110, 114-15 (2d Cir. 1992) (internal quotation marks omitted); accord In re Robert Plan Corp., 777 F.3d 594, 597 (2d Cir. 2015).
Applying this standard here, we conclude that the bankruptcy court possessed “related to” jurisdiction over this litigation because there is a “conceivable possibility
None of the cases cited by defendants present analogous circumstances, specifically, an unrebutted sworn declaration that at least part of the recovery in the adversary proceeding would be administered as part of a wind-up to benefit the debtor’s estate. Indeed, despite the bankruptcy court’s persuasive distinguishment of In re Parade Place, LLC, 508 B.R. 863 (Bankr. S.D.N.Y. 2014), defendants again invoke that case on appeal. In that case, however, it was clear that the action between two non-debtors “could not have any conceivable effect on the bankruptcy estates.” Id. at 872. Because this adversary proceeding could at least conceivably benefit the bankrupt estate, it is sufficiently “related to” the bankruptcy case to confer jurisdiction. See In re Quigley Co., Inc., 676 F.3d 45, 53 (2d Cir. 2012); Parmalat Capital Fin. Ltd. v. Bank of Am. Corp., 639 F.3d 572, 579 (2d Cir. 2011) (ruling conceivable effect test satisfied because “[i]f [plaintiffs are] successful in their claims against [defendant], the funds they recover will benefit ... bankruptcy estates”); see also In re Kolinsky, 100 B.R. 695, 702 (Bankr. S.D.N.Y. 1989) (“If a resolution of an action between nondebtors would affect the amount of property available for distribution to the creditors of a bankruptcy estate or the allocation of property among such creditors, or if the outcome could alter the debtor’s rights or liabilities, such civil proceeding will be regarded as related to the bankruptcy case.”).
We have considered defendants’ remaining arguments and conclude that they are without merit. For the reasons stated, the district court’s February 29, 2016 judgment is AFFIRMED.
. Defendants do not here challenge the substantive bases for the grant of summary judgment. Thus, we deem any such challenges abandoned and do not address them further. See Higazy v. Templeton, 505 F.3d 161, 168 n.7 (2d Cir. 2007).
Reference
- Full Case Name
- IN RE: AMPAL-AMERICAN ISRAEL CORPORATION, Debtor. Merhav Ampal Group, Ltd., f/k/a Merhav-Ampal Energy, Ltd. v. Merhav (M.N.F.) Limited, Yosef A. Maiman
- Cited By
- 1 case
- Status
- Published