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In re Dow Corning Corp.

United States Court of Appeals for the Sixth Circuit

86 F.3d 482 (1996)

Relevant factsFree

Dow Corning (debtor), facing tens of thousands of injury claims over its silicone breast implants, filed bankruptcy after a federal settlement class saw thousands of plaintiffs opt out to pursue individual claims, triggering an automatic stay on claims against Dow Corning itself while similar claims against its non-debtor parent companies remained unstayed; Dow Corning moved to remove and consolidate all pending federal and state claims against both itself and its parent companies into a single district court to help ensure a feasible reorganization plan. The district court found jurisdiction over the Dow Corning claims under section 1334(b) but concluded it lacked subject-matter jurisdiction over the claims against the non-debtor parent companies, and Dow Corning appealed.

IssueFree

Whether any proceeding related to a bankruptcy case is subject to federal bankruptcy jurisdiction under 28 U.S.C. section 1334(b).

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