United States District Court, S.D. Mississippi, Western Division
ORDER AND OPINION
BRAMLETTE UNITED STATES DISTRICT JUDGE.
the Court is a Motion to Remand [Doc. 7]
filed by the Plaintiff, the City of Natchez, Mississippi (the
City sued Titan Tire Corporation of Natchez
(“Titan”) in Adams County Circuit Court, alleging
Titan breached a lease that it was assigned when it bought
the assets of the bankrupt Condere Corporation in an 11
U.S.C. § 363 sale completed two decades ago.
removed the case to this Court, invoking federal bankruptcy
jurisdiction.[1" name="FN1" id=
"FN1">1] Titan casts the City's suit as a
“collateral attack” on the § 363 sale and
insists that all claims the City asserts at least
“relate to” the Condere Corporation bankruptcy.
City moves to remand and asks the Court to award it the costs
it incurred opposing removal.
Court has original but not exclusive jurisdiction of civil
proceedings arising under, arising in, or related to cases
under title 11 of the United States Code. 28 U.S.C. §
1334(b). Because these categories operate conjunctively, the
Court need only ask if this case at least “relates
to” a case under title 11. In re Bass, 171 F.3d 1016');">171 F.3d 1016,
1022 (5th Cir. 1999).
“relates to” a case under title 11 if “the
outcome of that proceeding could conceivably have any effect
on the estate being administered in bankruptcy.” In re
Wood, 825 F.2d 90, 93 (5th Cir. 1987) (Wisdom, J.) (internal
does not explain how the outcome of this case could
“conceivably have any effect” on the estate of
the Condere Corporation. Wood, 825 F.2d at 93. Instead, Titan
points to the bankruptcy court's jurisdiction to
interpret its § 363 order approving the sale of the
Condere Corporation's assets to Titan.
insists that bankruptcy jurisdiction exists because this suit
“collaterally attacks” the bankruptcy court's
§ 363 order. And because that § 363 order
permitted Titan to buy the Condere Corporation's assets
“free and clear” of interest, Titan continues,
the City's allegation that Titan breached lease