DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
066024P.pdf 10/19/2006 Cargill, Inc. v. Man Financial Inc.
U.S. Court of Appeals Case No: 06-6024
District of Minnesota
[PUBLISHED] [Federman, Author, with Mahoney and McDonald, Bankruptcy
Judges]
Bankruptcy Appellate Panel. Bankruptcy Appellate Panel has authority
to review remand order, and fact that appellant did not seek a stay of
the order did not deprive the court of jurisdiction; motion to remand
was timely because the remand procedure described by 28 U.S.C. Sec. 1447,
which includes a 30-day time limit, does not preempt the different
remand procedure that applies to 28 U.S.C. Sec. 1452(b), which permits
remand on any equitable ground without mentioning a time limit; matters
at issue were core matters, and the court erred in remanding the removed
action back to Minnesota state court; the bankruptcy court is instructed
to transfer this action to the United States Bankruptcy Court of the
Southern District of New York, where the litigation pending in that
court will address many of the issues asserted here.