Viener v. Jacobs et al

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF PENNSYLVANIA
IN RE: 	: 	Chapter 7
NEAL M. JACOBS 	:
Debtor(s) 	: 	Bky. No. 01-24739ELF
:
:
GEORGE P. VIENER 	:
:
Plaintiff 	:
:
v. 	:
:
NEAL M. JACOBS, et al. 	: 	Adv. No. 08-142
:
Defendants 	:
O R D E R
AND, Plaintiff George Viener (“Viener”) having commenced this adversary proceeding
(“the Viener AP”) by filing a Complaint on June 16, 2008,
AND, the Defendants in the Viener AP being the same as those in Holber v. Jacobs, et
al., Adv. No. 08-13 (“the Trustee AP”),
AND, the Complaint in the Viener AP consisting of a single paragraph that incorporates
by reference the allegations of the Complaint in the Trustee AP,
AND, Viener having filed a Motion to Intervene in the Trustee AP pursuant to Fed. R.
Civ. P. 24(a) and (b) (incorporated by Fed. R. Bankr. P. 7024),
AND, this court having granted Viener’s Motion to Intervene in the Trustee AP,
AND, there being some considerable doubt whether maintaining the Viener AP serves
any further purpose in light of Viener’s intervention in the Trustee AP, particularly because it is
unlikely that an individual creditor may proceed on his own behalf on the same claims asserted
Case 08-00142-elf Doc 5 Filed 09/08/08 Entered 09/09/08 10:30:51 Desc Main
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by the bankruptcy trustee acting as the representative of the bankruptcy estate, see St. Paul Fire &
Marine Ins. Co. v. PepsiCo, Inc., 884 F.2d 688, 701 (2d Cir.1989); see also Board of Trs. of
Teamsters Local 863 Pension Fund v. Foodtown, Inc., 296 F.3d 164, 169 (3d Cir. 2002).
AND, there being considerable doubt whether the outcome of the Viener AP could
conceivably have an effect on the Debtor’s estate., see Pacor, Inc. v. Higgins, 743 F.2d 984, 994
(3d Cir. 1984), and therefore, whether this court has subject matter jurisdiction under 28 U.S.C.
§1334(b) over the Viener AP insofar as Viener seeks to recover on his own behalf, see generally
In re Shuman, 277 B.R. 638. 654 (Bankr. E.D. Pa. 2001) (no bankruptcy jurisdiction exists where
outcome of proceeding arising under state law can have no effect on administration of the
bankruptcy estate),
It is hereby ORDERED that a hearing to consider DISMISSAL of this adversary
proceeding is scheduled for September 18, 2008, at 2:00 p.m., in Bankruptcy Courtroom No.
1, U.S. Courthouse, 900 Market Street, Philadelphia, PA.
Date: 	September 8, 2008
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
Case 08-00142-elf Doc 5 Filed 09/08/08 Entered 09/09/08 10:30:51 Desc Main
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