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Texas, Houston Division July 21, 2016 IN RE UPD GLOBAL RESOURCES, INC., Debtor.v. The Satisfaction of Judgment stated that the final judgment entered by the District Court on November 30, 2010, in favor of PBC against UPD, awarding compensatory damages plus reasonable attorneys' fees and interest, "is satisfied in full." On the same day the Bankruptcy Court held a hearing on Debtor's Emergency Motion to Reconsider Allowing Withdraw of Claim, and on March 10, 2015, the Bankruptcy Court signed an Order vacating its February 10, 2015, Order granting Continental's motion to withdraw claim and denying the motion subject to reconsideration at a hearing on UPD's application for a temporary restraining order or preliminary injunction. (a) Applicable Law (1) Rule 12 (b) (1) Federal Rule of Civil Procedure 12(b)(1) governs challenges to the court's subject matter jurisdiction. UPD GLOBAL RESOURCES, INC., Plaintiff, UPD GLOBAL RESOURCES, INC., Appellant,v. -00235, as required by Federal Rule of Civil Procedure 60(b)(5), and § 52.005 of the Texas Property Code. This endorsement came after UPD and PBC Services litigated the amount and classification of PBC's claim prior to confirmation.THE ORDER (DK #27) IS HEREBY CLARIFIED that Continental Casualty Company's Motion to Dismiss is GRANTED pursuant to 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, thereby dismissing PBC Services, Inc. On August 27, 2015, UPD timely filed a Notice of Appeal of the Bankruptcy Court's May 12, 2015, Order dismissing the Adversary Proceeding, and the August 13, 2015, Order clarifying and modifying the Order dismissing the Adversary Proceeding, thereby initiating Civil Action No. On this day, the Court held a hearing on the Motion of Continental Casualty Company (Docket No. (2) Bankruptcy Jurisdiction Bankruptcy jurisdiction is governed by 28 U. Section 157(c) (1) provides: "A bankruptcy judge may hear a proceeding that is not a core proceeding but that is otherwise related to a case under title 11." Under 28 U. "Proceedings 'related to' a bankruptcy include (1) causes of action owned by the debtor that become property of the estate pursuant to 11 U. 2001), the Fifth Circuit held that "[a]fter a debtor's reorganization plan has been confirmed, the debtor's estate, and thus bankruptcy jurisdiction, ceases to exist, other than for matters pertaining to the implementation or execution of the plan." , 301 F.3d at 305, the Fifth Circuit held that post-confirmation jurisdiction existed over a dispute between the debtor's suppliers and the debtor's insurance company upon concluding that "the proceeding will certainly impact compliance with or completion of the reorganization plan." In that post-confirmation bankrutpcy jurisdiction did not exist because the matters at issue did not pertain to the implementation or execution of the confirmed plan.

§ 502(E)(1)(B) -- Opinion and Order Granting, in part, and Denying, in part, Motion of Reorganized Debtors for Order Enforcing Plan Injunction, Holding the Mews at Byers Station Condominium Association, Inc. 16-51045) -- Opinion and Orders on Motions for Partial Judgment on the Pleadings in EJB, Matrix and Wholesale and Motion for Partial Judgment on the Pleadings and Motion to Strike Debtors' Affirmative Defenses in Brock. Maryland Casualty Company, Defendants (14-50867) -- Opinion and Order Granting, in part, and Denying, in part, Plaintiff's Motion for Summary Judgment Memorandum and Order denying Anderson Memorial Hospital's Motion to Alter or Amend Judge Fitzgerald's May 2008 Decision denying Anderson Memorial Hospital's Motion for Class Certification and ordering parties to enter into mediation. Grace & Co., et al (01-01139); Adversary: Continental Casualty Company and Transportation Insurance Company, Plaintiffs, v. Carr, et al., Defendants (15-50766) -- Opinion and Order Denying Defendants Motion to Dismiss and Granting Plaintiff's Motion for Summary Judgment W. Grace & Co., et al (01-01139); Adversary: Ralph Hutt and Carl Osborn, Plaintiffs v. H-15-03073 MEMORANDUM OPINION AND ORDER SIM LAKE, UNITED STATES DISTRICT JUDGE This Memorandum Opinion and Order addresses appeals brought by UPD Global Resources, Inc. The Bankruptcy Case UPD was the debtor in a Chapter 11 bankruptcy filed on August 15, 2011, Case No.On May 12, 2015, the Bankruptcy Court signed the first of the three orders from which UPD appeals, i.e., the Order dismissing the Adversary Proceeding which stated only: "Defendant's Motion to Dismiss is GRANTED." On May 29, 2015, the defendants in UPD's state court malpractice suit filed an amended motion for summary judgment arguing that in light of the Satisfaction of Judgment, which Continental filed in the Federal District Court, there were no damages and that absent damages, UPD's malpractice case could not be sustained. , UPD's confirmed Plan and pleadings from the malpractice suit that UPD is pursuing in state court against the attorneys who represented UPD in the breach of contract suit that resulted in a , 670, 534.77 judgment and allowed claim in UPD's Bankruptcy Case, Continental's motion to dismiss constitutes a factual attack on the Bankruptcy Court's jurisdiction, and the Bankruptcy Court's review was not limited to whether the first amended complaint filed in the Adversary Proceeding sufficiently alleged jurisdiction. §§ 157(c)(1) and 1334(b) regardless of whether the matter at issue arises before or after confirmation of a plan. § 1334(b) federal district courts have original but not exclusive jurisdiction of all civil proceedings arising under or arising in or related to cases under title 11. § 541, and (2) suits between third parties that have an effect on the bankruptcy estate." , 266 F.3d 388, 390 (5th Cir.




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