Talmer Bank & Trust v. Little Rock Baptist Charity Care Ctr., Inc. (In re Little Rock Baptist Charity Care Ctr., Inc.)

Thomas J. Tucker

On November 8, 2013, Defendant Little Rock Baptist Charity Care Center, Inc., the Debtor in the Chapter 11 bankruptcy case captioned above (the "Debtor"), filed a Notice of Removal of a state court lawsuit filed in Wayne County, Michigan Circuit Court (Case No. 13-012723-CK). The Notice of Removal removed the state court lawsuit to this Court, and initiated this adversary proceeding. Today the Court has entered an order dismissing, with prejudice, the only count in Plaintiff's First Amended Complaint that asserts any claim against the Debtor, Count II.

Because of the Court's dismissal of Count II of Plaintiff's First Amended Complaint, the Debtor is no longer a party to this adversary proceeding, and the Court concludes that it no longer has subject matter jurisdiction over this adversary proceeding. Now this adversary proceeding is not a proceeding "arising under title 11" or a proceeding "arising in or related to" a case under title 11, within the meaning of 28 U.S.C. § 1334(b). See generally Allard v. Coenen (In re Trans-Industries, Inc.), 419 B.R. 21, 27 (Bankr. E.D. Mich. 2009). As a result, this Court no longer has subject matter jurisdiction, and the case must be remanded to the state court.

Accordingly,

IT IS ORDERED that this adversary proceeding is remanded to the Wayne County, Michigan Circuit Court.

This Order will conclude this adversary proceeding, which now will be closed.

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Thomas J. Tucker

United States Bankruptcy Judge