In re: Kwok
| Connecticut District Court | |
| Judge: | Kari A Dooley |
| Case #: | 3:24-mc-00085 |
| Nature of Suit | 423 Bankruptcy - Withdrawal 28 USC 157 |
| Cause | 28:0157 Motion for Withdrawal of Reference |
| Case Filed: | Aug 13, 2024 |
| Terminated: | Aug 21, 2026 |
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| Docket last updated: 09/07/2026 11:59 PM EDT |
| Friday, August 21, 2026 | ||
| 12 | 12
order
Order on Motion to Withdraw Reference
Fri 08/21 2:55 PM
ORDER denying as moot1 Motion to Withdraw Reference. On July 11, 2023, the Trustee commenced the underlying Adversary Proceeding seeking: (1) a declaratory judgment that Taurus Fund and a residential property known as 675 Ramapo Valley Road in Mahwah, New Jersey (the "Mahwah Mansion") are equitably owned by the Debtor; and (2) ordering turnover of Taurus Fund and its assets, as well as the Mahwah Mansion, to the Trustee. Alternatively, the Trustee sought a declaratory judgment that Taurus Fund is the Debtor's alter ego, and ordering turnover of Taurus Fund's assets to the Trustee. On August 13, 2024, Movants Taurus Fund LLC, Scott Barnett, and Taurus Management LLC filed the instant Motion to Withdraw the Reference pursuant to 28 U.S.C. § 157(d). On August 20, 2026, this Court affirmed the Bankruptcy Court's decision in the underlying Adversary Proceeding awarding summary judgment to the Trustee on each of his three claims. See In re Kwok , No. 3:25-CV-1139 (KAD) at ECF No. 22. Insofar as each of the Trustee's claims have now been finally resolved in his favor, the Court cannot discern any remaining litigation in the Bankruptcy Court to resolve (and potentially withdraw). Accordingly, the Motion to Withdraw Reference is DENIED as moot . See In re Lear Corp. , 418 B.R. 47, 48 (S.D.N.Y. 2009) ("a bankruptcy court order dismissing an adversary proceeding moots a motion to withdraw reference pursuant to § 157(d)."); see, e.g. , Charitable DAF Fund, L.P. v. Highland Cap. Mgmt., L.P. , No. 22-CV-2802-B, 2023 WL 4768188, at *2 (N.D. Tex. July 26, 2023) ("the bankruptcy court's order granting dismissal effectively resolves the adversary proceeding; nothing is left to withdraw."); In re Byrnes , No. 21-CV-295 (KWR), 2022 WL 17752369, at *1 (D.N.M. Dec. 19, 2022) (finding withdrawal of the reference as moot where bankruptcy judge had issued final judgment in the underlying adversary proceeding); In re Garden Fresh Restaurants, LLC , No. 21-CV-1440 (JLS), 2022 WL 410942, at *1 (S.D. Cal. Feb. 10, 2022); In re Eze , No. 17-CV-11054 (IT), 2017 WL 4212338, at *2 (D. Mass. July 6, 2017). It is so ordered. Signed by Judge Kari A. Dooley on August 21, 2026. (AS) |
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notice
Judicial Evaluation Program Survey
Mon 08/24 5:14 PM
JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (jr) |
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| Friday, September 13, 2024 | ||
| 11 | 11
REPLY to Response to1 MOTION to Withdraw Reference filed by Scott Barnett, Taurus Fund LLC, Taurus Management LLC.(Conway, Michael) |
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Att: 1
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| Friday, August 30, 2024 | ||
| 10 | 10
OBJECTION re1 MOTION to Withdraw Reference filed by Luc A. Despins, Chapter 11 Trustee. (Mitchell, Kari) |
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| Thursday, August 29, 2024 | ||
| 9 | 9
NOTICE of Appearance by Luc Despins on behalf of Luc A. Despins, Chapter 11 Trustee (Despins, Luc) |
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| 8 | 8
NOTICE of Appearance by Douglass Barron on behalf of Luc A. Despins, Chapter 11 Trustee (Barron, Douglass) |
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| 7 | 7
NOTICE of Appearance by Nicholas Bassett on behalf of Luc A. Despins, Chapter 11 Trustee (Bassett, Nicholas) |
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| 6 | 6
NOTICE of Appearance by Kari Mitchell, on behalf of Luc A. Despins, Chapter 11 Trustee (Mitchell, Kari) Modified on 8/29/2024 (Gould, K) |
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| 5 | 5
NOTICE of Appearance by Patrick Roberts Linsey on behalf of Luc A. Despins, Chapter 11 Trustee (Linsey, Patrick) |
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| Wednesday, August 14, 2024 | ||
| 4 | 4
order
Order of Transfer
Wed 08/14 1:15 PM
ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Judge Sarala V. Nagala on August 14, 2024.(Bergeson, S) |
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| Tuesday, August 13, 2024 | ||
| 3 | 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarala V. Nagala on 8/13/2024. (Fanelle, N.) |
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| 2 | 2
USBC Transmittal Form (Fanelle, N.) |
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| 1 | 1
MOTION to Withdraw Reference by Scott Barnett, Taurus Fund LLC, Taurus Management LLC. (Fanelle, N.) |
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