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In re Access Ins. Services, Inc.

United States District Court, D. Nevada

November 12, 2014

In re ACCESS INSURANCE SERVICES, INC., a Nevada Corporation, Debtor, JANET L. CHUBB, Chapter 7 Trustee for ACCESS INSURANCE SERVICES, INC., a Nevada corporation, and LENNARD W. STILLMAN, Special Duty Liquidator of WESTERN INSURANCE COMPANY, a Utah Corporation, Plaintiffs,
v.
LG WARRANTY CO., LLC, an Ohio limited liability company, et al., Defendants

For Janet L. Chubb, Chapter 7 Trustee for Access Insurance Services Inc, a Nevada corporation, Plaintiff: Louis Martin Bubala, III, LEAD ATTORNEY, Kaempfer Crowell, Reno, NV.

For Lennard W. Stillman, Special Deputy Liquidator of Western Insurance Company, a Utah corporation, Plaintiff: Gerald H. Suniville, Mary Jane E. Galvin-Wagg, Scott M. Lilja, LEAD ATTORNEYS, VanCott Bagley Cornwall & McCarthy PC, Salt Lake City, UT; John A. Snow, LEAD ATTORNEY, VanCott Bagley Cornwall & McCarthy PC, Las Vegas, NV.

For LG Warranty Co LLC, an Ohio limited liability company, Dale Holding Co of Columbus LLC, an Ohio limited liability company, Christopher W. Lucas, Sean M. Gouhin, Defendants: Douglas L. Hertlein, Richard K. Stovall, LEAD ATTORNEYS, Allen Kuehnle Stovall & Neuman LLP, Columbus, OH; Michael D. Knox, Sallie B. Armstrong, LEAD ATTORNEYS, Downey Brand LLP, Reno, NV.

For Thomas P. Heilmann II, Defendant: John F. Murtha, LEAD ATTORNEY, Woodburn & Wedge, Reno, NV.

ORDER (Defs' Motion to Withdraw Reference -- dkt. no. 1)

MIRANDA M. DU, UNITED STATES DISTRICT JUDGE.

I. SUMMARY

Before the Court is Defendants LG Warranty Co., LLC (" LG") and Dale Holding Co. of Columbus' (" Dale Holding") Motion to Withdraw Reference (" Motion"). (Dkt. no. 1.) For the reasons set out below, the Motion is denied.

II. BACKGROUND

Plaintiffs Janet L. Chubb, the Chapter 7 Trustee (" Trustee") for Debtor Access Insurance Services, Inc. (" Access" or " Debtor"), and Lennard W. Stillman, Special Deputy Liquidator (" Liquidator") of Western Insurance Company (" Western"), filed a Complaint as co-plaintiffs in United States Bankruptcy Court, District of Nevada, against Defendants LG, Dale Holding, Christopher W. Lucas (" Lucas"), Sean M. Gouhin (" Gouhin"), and Thomas P. Heilman II (" Heilman"). (Dkt. no. 1-4.)

The Complaint alleges that Western and Access had business dealings with LG relating to the writing of insurance for automobile warranty programs " written, sold, and/or administered by [LG] in Ohio and elsewhere" and had loaned money secured by promissory notes to LG. (Id.) Plaintiffs assert the following seventeen (17) claims for relief: (1) breach of a 2006 Promissory Note against LG regarding money owed to Liquidator/Western; (2) breach of guaranty for the 2006 Promissory Note against Lucas and Gouhin; (3) breach of a 2008 Promissory Note against LG regarding money owed to Trustee/Access; (4) breach of guaranty for the 2008 Promissory Note against Lucas and Gouhin regarding money owed to Trustee/Access; (5) breach of 2010 Promissory Notes against LG regarding money owed to Liquidator/Western; (6) declaratory relief regarding escrow proceeds and request for order directing proceeds to pay the promissory notes; (7) fraud against all Defendants; (8-14) claims for turnover, fraudulent transfer, avoidance of transfer, preferences and recovery of avoided transfers pursuant to Title 11 bankruptcy statutes and Utah state law; (15) breach of contract regarding money owed Trustee/Access; (16) unjust enrichment regarding money owed Trustee/Access; and (17) request for attorney's fees. (Id.)

In sum, the first, second and fifth claims in the Complaint seek relief for the Liquidator only and are apparently based in state common law. The third, fourth, fifteenth and sixteenth claims seek relief for the Trustee only and also appear to be based in state common law. The sixth, seventh and seventeenth claims for relief appear to be jointly asserted. The eighth through fourteenth claims for relief are asserted pursuant to title 11 by the Trustee and pursuant to state statutes by the Liquidator.

Defendants moved to dismiss this action and the bankruptcy court held a hearing. (Dkt. no. 1-1 at 2.) At the hearing, the bankruptcy court instructed the parties to file a motion to withdraw the reference. (Id. at 3.)

III. DISCUSSION

A. Legal Standard


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