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Short v. Simon

United States District Court, E.D. Michigan, Southern Division

July 1, 2019

MICHAEL SHORT, Appellant,
v.
BASIL SIMON, as Liquidation Trustee of, Oakland Physicians Medical Center, LLC, Appellee.

          ORDER DENYING APPELLANT'S MOTION TO WITHDRAW (DOC. 1)

          AVERN COHN UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         This is a bankruptcy case. Appellant, Michael Short (“Short”), has filed a motion to withdrawal the reference because he has not consented to bankruptcy court jurisdiction and “non-core” claims are at issue. Short filed a proof of claim in the bankruptcy court stating he is owed $952, 377.80 on loans. The bankruptcy estate's trustee, Basil Simon (“Simon”), opposed the proof of claim and initiated an adversary bankruptcy action against Short.[1] Simon asserts six claims against Short in the adversary action:

Count 1: Recharacterization of any advances made by Short Count 2: Preferential transfers (11 U.S.C. §§ 547(b), 550(a), and 551)
Count 3: Fraudulent transfers (11 U.S.C. § 548)
Count 4: Avoidance of fraudulent transfers (under Michigan Law)
Count 5: Breach of statutory duty (MCL 450.1541a)
Count 6: Equitable subordination
Count 7: Claims disallowance

(Adv. P. Doc. 1).

         Short's motion seeks to specifically withdraw three of Simon's claims from bankruptcy court to district court. The three claims in which Short seeks withdrawal of the reference are:

. Fraudulent transfers (11 U.S.C. § 548)
. Avoidance of fraudulent transfers (under Michigan ...

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