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In re: Kerr v. Supermarket Parts Warehouse, Inc. (In re Continental Case Co., LLC), BK 13-67727, AP 13-5442, Doc. #16

Order denying Defendant’s motion to dismiss adversary proceeding and granting Plaintiff’s motion for leave to file an amended complaint. The complaint sought turnover under Section 542 of amounts owed on open account. The debt at issue was clearly disputed based on Debtor’s schedules and Defendant’s proof of claim filed in the bankruptcy case. The Court found that although the adversary proceeding was not an action to turn over property of the estate under Section 542, the matter was a core proceeding “arising under” the bankruptcy code, because the Court must adjudicate Plaintiff’s claim in order to rule on Defendant’s proof of claim.

Date: 
06/19/2014