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Sciortino v. Gwinnett County Department of Water Resources et al (In re Sciortino), BK 14-71765, AP 15-5356, Doc #57

Plaintiff filed an Amended Emergency Motion For Injunctive Relief, Motion For Contempt, Motion For Violation Of Automatic Stay, Motion For Creditors Misconduct. Plaintiff alleged that certain claims arose when the Water Department terminated his access to municipal water and mailed Debtor a letter regarding his account post-petition. The Court held that claims for violation of the stay are matters that can only arise in bankruptcy and such claims are within the Court’s core jurisdiction. 11 U.S.C. § 362(a); 28 U.S.C. 157(b)(2). Likewise, to the extent Plaintiff was asserting claims against the chapter 7 trustee, these claims arise under the Bankruptcy Code and are within the Court’s core jurisdiction. In contrast, Plaintiff’s claims seeking injunctive relief in the form of an order directing that the Water Department restore water service, seeking to hold Defendants in contempt, and alleging creditor misconduct are not matters that could only arise in bankruptcy and therefore are not within the Court’s core jurisdiction. Moreover, the Court did not have “related to” jurisdiction over these claims because any award of damages would solely benefit Plaintiff and not the bankruptcy estate.  The Court also denied Plaintiff’s request for injunctive relief on an expedited basis because Plaintiff failed to demonstrate an ability to satisfy any of the elements necessary for injunctive relief.
NOT FOR PUBLICATION

Date: 
02/12/2016