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In re Cabinet Connection

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 5, 2007

IN RE: CABINET CONNECTION, INC., DEBTOR.
ROBERT T. BRUEGGE, TRUSTEE, PLAINTIFF,
v.
FIRST MID-ILLINOIS BANK, DEFENDANT.

The opinion of the court was delivered by: Herndon, District Judge

Chapter 7

Bkr. Case No. 05-61257

Adv. No. 06-06037

ORDER

Pursuant to the Court's October 17, 2006 Order (Doc. 3), Defendant has filed its Memorandum of Law (Doc. 4) in support of its Motion to Withdraw Reference (Doc. 1). Basically, the Court ordered Defendant "to show why, under 28 U.S.C. § 157, reference of this matter to the Bankruptcy Court should be withdrawn, making appropriate citations to supporting statutory and/or case law" (Doc. 3, p. 2). In reviewing the Memorandum, the Court determines Defendant has sufficiently made this showing. Moreover, Plaintiff has not filed a Response asserting otherwise.

Therefore, the Court GRANTS Defendant's Motion (Doc. 1), and hereby WITHDRAWS the reference to the Bankruptcy Court of the above-captioned adversary proceeding, finding that: (1) the above-captioned adversary proceeding, as it appears to be a state law cause of action to collect prepetition accounts receivable, is not a core proceeding;*fn1 (2) Defendant has not expressly consented to reference of this matter to the Bankruptcy Court; (3) Defendant has neither filed a proof of claim nor counterclaim in the pending bankruptcy matter; and (4) as Defendant does not consent to the reference, allowing the Bankruptcy Court to determine findings of fact and conclusions of law for this Court's de novo review would amount to an inefficient use of judicial resources. See 28 U.S.C. § 157.

IT IS SO ORDERED.

David RHerndon United States District Judge


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