The attorney's fees provisions of 28 U.S.C. § 1447(c) apply to cases removed under the bankruptcy removal statute, 28 U.S.C. § 1452(a).
After a defendant removed a state court lawsuit to federal court under the bankruptcy removal statute, the district court remanded the case for lack of subject matter jurisdiction but declined to award attorney's fees. The plaintiffs appealed, arguing that the court's application of the good faith standard was incorrect. The court held that the fee-shifting provisions of 28 U.S.C. § 1447(c) apply to cases removed under the bankruptcy removal statute, 28 U.S.C. § 1452(a). Because the district court found the defendant acted in good faith and had a fair basis for its removal position, the court did not abuse its discretion in denying fees.
At page 324 Distinguishing removal procedures between bankruptcy and general statutes22 citing cases[I]f the district court had refused to award fees [under § 1447(c) ] in the absence of evidence of bad faith, it would have employed an incorrect legal standard,” because the 1988 amendments “negatefd] any requirement that the removal be in bad faith before fees can be awarded”; however, the distr…
- Snowmass Mining Co. v. Mystic Eagle Quarry LLC, No. 1:21-cv-03446 (D. Colo. Mar. 30, 2023). See Martin v. Franklin Capital Corp., 393 F.3d 1143, 1147 (10th Cir. 2004); Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir. 1994).
- Bernhard v. Meow Wolf, Inc., No. 1:21-cv-00509 (D.N.M. Jan. 12, 2022).“a fair basis for removing the case”
- Stillman Consulting Servs. v. Greene, No. 2:19-cv-00668 (D. Utah Jan. 13, 2020).Id. at 1146 (quoting Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 324 (10th Cir. 1994)).
- Anstine & Musgrove, Inc. v. Calcasieu Refining Co., 436 B.R. 136 (D. Kan. 2010).published (attorney fee provision of 28 U.S.C. § 1447 (c) applies in case of Section 1452 removal)
- Pluskat v. Cupit, 158 F. App'x 626 (5th Cir. 2005).unpublishedSee also Coward v. AC and S, Inc., 91 Fed.Appx. 919 (5th Cir.2004) (unpublished) (rejecting Cupit’s argument); Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 324 (10th Cir.1994) (same).
- Martin v. Franklin Capital Corp., 393 F.3d 1143 (10th Cir. 2004).published Daleske, 17 F.3d at 323.
- In re Adoption of Baby C., 323 F. Supp. 2d 1082 (D. Kan. 2004).publishedDaleske v. Fairfield Communities, Inc., 17 F.3d 321, 324-25 (10th Cir.), cert. denied, 511 U.S. 1082 , 114 S.Ct. 1832 , 128 L.Ed.2d 461 (1994).
- Goldstein v. Help at Home, Inc. (In re Help at Home, Inc.), 289 B.R. 910 (Bankr. N.D. Ill. 2003).published(rejecting argument that attorney fee provision of § 1447(c) did not apply to remand under § 1452(b))
- Wells' Dairy, Inc. v. Am. Indus. Refrigeration, Inc., 157 F. Supp. 2d 1018 (N.D. Iowa 2001).published([I]f the district court had refused to award fees [under § 1447(c) ] in the absence of evidence of bad faith, it would have employed an incorrect legal standard,” because the 1988 amendments “negatefd] any requirement…)
- Lisa Tenner & Tenner & Assocs., Inc. v. Kenneth Zurek, 168 F.3d 328 (7th Cir. 1999).publishedCo., 111 F.3d 30, 32 (5th Cir.) (requiring a determination that the defendant's decision to remove was "legally improper” as a prerequisite to the award of attorney fees), cert. denied, — U.S.-, 118 S.Ct. 435 , 139 L.Ed.2d 335 (1997); Dale…
Show 11 more citing cases
- Gaines-Tabb v. Mid-Kansas Coop. Ass'n, 980 F. Supp. 1424 (D. Kan. 1997).publishedDaleske v. Fairfield Communities, Inc., 17 F.3d 321, 324 (10th Cir.), cert, denied, 511 U.S. 1082 , 114 S.Ct. 1832 , 128 L.Ed.2d 461 (1994).
- Wakefield v. Olcott, 983 F. Supp. 1018 (D. Kan. 1997).published“removed improvidently and without jurisdiction”
- Cook v. Cook, 220 B.R. 918 (Bankr. E.D. Mich. 1997).publishedThere is no reason ... § 1447(d) [which precludes the review on appeal of orders remanding a case removed pursuant to § 1441] and [§ ]1452 cannot comfortably coexist in the bankruptcy context.”); Daleske v. Fairfield Communities, Inc., 17…
- McShares, Inc. v. Barry, 979 F. Supp. 1338 (D. Kan. 1997).publishedDaleske v. Fairfield Communities, Inc., 17 F.3d 321, 324-25 (10th Cir.) cert, denied, 511 U.S. 1082 , 114 S.Ct. 1832 , 128 L.Ed.2d 461 (1994).
- Patel v. Moore, 968 F. Supp. 587 (D. Kan. 1997).publishedExcell, Inc. v. Sterling Boiler & Mech, Inc., 106 F.3d 318 , 322 (10th Cir.1997) (citation, omitted) (citing Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 324 (10th Cir.1994)).
- Frederick & Warinner v. Lundgren, 962 F. Supp. 1580 (D. Kan. 1997).published“removed improvidently and without jurisdiction”
- Personette v. Kennedy (In re Midgard Corp.), 204 B.R. 764 (B.A.P. 10th Cir. 1997).published (section 1447(c), which requires remand if a district court lacks jurisdiction over a removed ease, applies to bankruptcy cases)
- Farmers Co-Operative Elevator v. Abels, 950 F. Supp. 931 (N.D. Iowa 1996).publishedCourts have held that “ ‘[a]n award of attorney’s fees is inappropriate ... where the defendant’s attempt to remove the action was fairly supportable and where there has been no showing of bad faith.’ ” Lathigra v. British Airways, PLC, 41…
- Gray v. New York Life Ins., 906 F. Supp. 628 (N.D. Ala. 1995).published Daleske, 17 F.3d at 324, correctly holds that the amendment to § 1447(c) “negate[s] any requirement that the removal be in bad faith before fees can be awarded.” Moore, 981 F.2d at 446, agrees.
- Timothy P. Suder v. Blue Circle, Inc., 116 F.3d 1351 (10th Cir. 1997).published See Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 323 (10th Cir.1994).
- United States v. Jesus Acosta-Olivas, 71 F.3d 375 (10th Cir. 1995).publishedSee Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 324 (10th Cir.), cert. denied, — U.S. -, 114 S.Ct. 1832 , 128 L.Ed.2d 461 (1994); Phillips Petroleum Co. v. Lujan, 4 F.3d 858, 863-64 (10th Cir.1993).
At page 325 Defining the standard for a legitimate belief14 citing cases“We also hold that the district court did not abuse its wide discretion in declining to award fees and costs.”
- Snowmass Mining Co. v. Mystic Eagle Quarry LLC, No. 1:21-cv-03446 (D. Colo. Mar. 30, 2023). See Martin v. Franklin Capital Corp., 393 F.3d 1143, 1147 (10th Cir. 2004); Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir. 1994).
- In re Welding Fume Prods. Liab. Litig., 606 F. Supp. 2d 716 (N.D. Ohio 2009).publishedDaleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.1994), cert. denied, 511 U.S. 1082 , 114 S.Ct. 1832 , 128 L.Ed.2d 461 (1994).
- Rubio v. McAnally Enter., L.L.C., 374 F. Supp. 2d 1052 (D.N.M. 2005).publishedDaleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.1994).
- Martin v. Franklin Capital Corp., 393 F.3d 1143 (10th Cir. 2004).published Daleske, 17 F.3d at 323.
- Billington v. Winograde (In re Hotel Mt. Lassen, Inc.), 207 B.R. 935 (Bankr. E.D. Cal. 1997).publishedGroup, Inc., 981 F.2d 443 , 447 (9th Cir.1992); Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.1994); Morgan Guar.
- Bedford v. Connecticut Mut. Life Ins., 916 F. Supp. 1211 (M.D. Ala. 1996).publishedDaleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.), cert. denied, — U.S. -, 114 S.Ct. 1832 , 128 L.Ed.2d 461 (1994); Morris v. Bridgestone/Firestone, Inc., 985 F.2d 238, 240 (6th Cir.1993); Moore v. Permanente Medical Gro…
- Grace v. Interstate Life & Accident, Ins., 916 F. Supp. 1185 (M.D. Ala. 1996).publishedDaleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.), cert. denied, — U.S. -, 114 S.Ct. 1832 , 128 L.Ed.2d 461 (1994); Morris v. Bridgestone/Firestone, Inc., 985 F.2d 238, 240 (6th Cir.1993); Moore v. Permanente Medical Gro…
- Eyal Lior v. Sit, 913 F. Supp. 868 (D.N.J. 1996).publishedDaleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.), cert. denied, — U.S. -, 114 S.Ct. 1832 , 128 L.Ed.2d 461 (1994); Moore v. Permanente Medical Group, Inc., 981 F.2d 443, 446 (9th Cir.1992).
- Gray v. New York Life Ins., 906 F. Supp. 628 (N.D. Ala. 1995).published Daleske, 17 F.3d at 324, correctly holds that the amendment to § 1447(c) “negate[s] any requirement that the removal be in bad faith before fees can be awarded.” Moore, 981 F.2d at 446, agrees.
- Cowan v. Combined Ins. Co. of Am., 67 F. Supp. 2d 1312 (M.D. Ala. 1999).publishedSee Gray, 906 F.Supp. at 631 (citing Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.1994)).
Show 4 more citing cases
- Judson v. Nissan Motor Co., 52 F. Supp. 2d 1352 (M.D. Ala. 1999).publishedSee Gray, 906 F.Supp. at 631 (citing Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.1994)).
- Bromberg v. Metro. Life Ins. Co., 50 F. Supp. 2d 1208 (M.D. Ala. 1999).publishedSee Gray, 906 F.Supp. at 631 (citing Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.1994)).
- Johnston Indus., Inc. v. Milliken & Co., 45 F. Supp. 2d 1308 (M.D. Ala. 1999).publishedSee Gray, 906 F.Supp. at 631 (citing Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.1994)).
- Whitlock v. Jackson Nat'l Life Ins., 32 F. Supp. 2d 1286 (M.D. Ala. 1998).publishedSee Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 325 (10th Cir.1994); Moore v. Permanente Medical Group Inc., 981 F.2d 443, 447 (9th Cir.1992).
At page 323 Requirements for consent to removal under 28 U.S.C. § 145213 citing casesunlike 28 U.S.C. § 1441 that permits " ‘defendants’ to remove 'any' civil action over which the district court has original jurisdiction”, 28 U.S.C. § 1452 (a) "allows any ‘party’ to remove cases within the district court's bankruptcy jurisdiction
- Magana v. Goodyear Tire & Rubber Co., No. 1:23-cv-00894 (D.N.M. Sept. 17, 2024).That (non-binding) decision does not address the specific issue presented here. 3 The Tenth Circuit has yet to weigh in on the issue but noted the different requirements of the two statutes in Daleske v. Fairfield Communities, Inc., 17 F.3…
- In re Shannon Elliott, No. 1:19-cv-02366 (D. Colo. Nov. 24, 2020).Daleske, 17 F.3d at 323.
- John Bird v. United States Bankr. Court for the Dist. of Utah, 577 B.R. 365 (B.A.P. 10th Cir. 2017).publishedCorp. (In re Meridian Reserve, Inc.), 87 F.3d 406, 409 (10th Cir. 1996) (citing Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 323 (10th Cir. 1994)); see also In re Lederman Enters., Inc., 997 F.2d 1321, 1323-24 (10th Cir. 1993). 23 .
- BUKE, LLC v. Eastburg (In re Eastburg), 440 B.R. 851 (Bankr. D.N.M. 2010).published(unlike 28 U.S.C. § 1441 that permits " ‘defendants’ to remove 'any' civil action over which the district court has original jurisdiction”, 28 U.S.C. § 1452 (a) "allows any ‘party’ to remove cases within the district cou…)
- Martin v. Franklin Capital Corp., 393 F.3d 1143 (10th Cir. 2004).published Daleske, 17 F.3d at 323.
- In re BTS Inc., Debtor. Valley Nat'l Bank v. BTS Inc., 166 F.3d 346 (10th Cir. 1998).publishedDaleske v. Fairfield Communities, Inc., 17 F.3d 321, 323 (10th Cir.1994). 18 In its amended proof of claim, Valley requested $120,044 in pre-bankruptcy attorney's fees.
- Octagon Resources, Inc. v. Bonnett Resources Corp. (In re Meridian Reserve, Inc.), 87 F.3d 406 (10th Cir. 1996).publishedHowever, any statutory interpretation or other legal analysis underlying the district court’s decision concerning attorney fees is reviewed de novo, Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 323 (10th Cir.), cert. denied, — U.S.…
- Carillon Square v. Ernst Home Ctr., Inc., 34 F.3d 1076 (10th Cir. 1994).publishedDaleske v. Fairfield Communities, Inc., 17 F.3d 321, 323 (10th Cir.1994).
- Chavez v. Kincaid, 15 F. Supp. 2d 1118 (D.N.M. 1998).published See Excell, Inc. v. Sterling Boiler & Mechanical, Inc., 106 F.3d 318, 322 (10th Cir.1997); Daleske, 17 F.3d at 324 . “[T]he key factor is the propriety of [the] defendant’s removal.” Excell, 106 F.3d at 322 (citing Daleske, 17 F.3d at 324…
- Timothy P. Suder v. Blue Circle, Inc., 116 F.3d 1351 (10th Cir. 1997).published See Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 323 (10th Cir.1994).
Show 2 more citing cases
- Boyd Rosene & Assoc. v. Kansas Mun. Gas, 113 F.3d 1245 (10th Cir. 1997).unpublishedSee Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 323 (10th Cir.1994). 16 KMGA and Winfield acknowledge that the choice of law rule announced in our decision in Bill's Coal Co., Inc. v. Board of Public Utilities, 887 F.2d 242, 246 (…
- City of Joliet v. Bank One, Chicago, N.A. (In re Green), 210 B.R. 556 (Bankr. N.D. Ill. 1997).published See Daleske v. Fairfield Communities, Inc., 17 F.3d 321, 323-24 (10th Cir.), cert. denied, 511 U.S. 1082 , 114 S.Ct. 1832 , 128 L.Ed.2d 461 (1994).
Other citing cases
- Poole ex rel. Hofmann v. Money Mortg. Corp. of Am. (In re Hofmann), 248 B.R. 90 (Bankr. W.D. Tex. 2000).published
- Traynor v. O'NEIL, 94 F. Supp. 2d 1016 (W.D. Wis. 2000).published
- Ret. Sys. of Alabama v. Merrill Lynch & Co., 209 F. Supp. 2d 1257 (M.D. Ala. 2002).published
- Beasley v. Pers. Fin. Corp., 279 B.R. 523 (S.D. Miss. 2002).published
v.
FAIRFIELD COMMUNITIES, INC., a Delaware Corporation, Defendant-Counter-Claimant-Appellee, and Colorado Land Title Company, a Colorado Corporation
Plaintiffs-appellants appeal the district court’s denial of their request for attorney’s fees and costs stemming from the removal and remand of their state court lawsuit against defendant-appellee Fairfield Communities, Inc.[1] Because the court did not use[*323] an incorrect legal standard and did not abuse its discretion in denying fees and costs, we affirm.
Fairfield Communities, Inc. (Fairfield) is currently operating under a plan of reorganization confirmed by the United States Bankruptcy Court for the Eastern District of Arkansas in August 1992. Plaintiffs-appellants are a class of approximately 2,000 property owners who bought their lots from Fairfield or its predecessors, and who are now seeking to invalidate a restrictive covenant requiring the payment of maintenance fees and reimbursement of certain fees collected thereunder. The restrictive covenant was placed on their lots in August 1983, seven years before Fairfield declared bankruptcy.
The lot owners brought this action in state court, requesting that the restriction be declared invalid for several reasons, including: (1) it is inconsistent with the scheme of restrictions established for the entire development; (2) it is vague and uncertain; (3) Fairfield’s transfer of approximately 800 unsold lots to Archuletta County under the reorganization plan makes it inequitable to require the remaining lots to pay the fee; and (4) Fairfield’s discharge in bankruptcy of its duty to construct certain facilities voids the restriction and makes it unenforceable based on Fairfield’s breach of its duties. Appellants’ App. at 3-14.
Fairfield removed the action to the federal district court pursuant to 28 U.S.C. § 1452(a), claiming that the lawsuit presented several core proceedings connected to its bankruptcy. The district court found that the matters raised in the state suit were neither “core” nor “related” to the bankruptcy proceeding and ordered the case remanded to the state court. The district court declined, however, to assess attorney’s fees under either 28 U.S.C. § 1447(c) or Bankr.R. 9011, finding that the claim of removal jurisdiction was brought in good faith and that there was a fair basis for the position taken by counsel.
Plaintiffs-appellants appeal the district court’s decision, arguing that the court’s finding that Fairfield acted in good faith reflects the application of an incorrect legal standard, and that they were entitled to fees and costs under the correct standard. Fairfield argues, in response, that the attorney’s fees provision of 28 U.S.C. § 1447(e) does not apply to cases removed and remanded under 28 U.S.C. § 1452, which relates specifically to removals for bankruptcy jurisdiction.
We review de novo any statutory interpretation or other legal analysis underlying the district court’s decision concerning attorney’s fees. Hoyt v. Robson Cos., Inc., 11 F.3d 983, 984 (10th Cir.1993). The decision whether fees are warranted, however, is reviewed only for an abuse of discretion. Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352, 1355 (10th Cir.1992).
After a case has been removed, 28 U.S.C. § 1447(c) requires that the case be remanded if it appears that the district court lacks subject matter jurisdiction. The statute provides further that the “order remanding the case may require payment of just costs and any actual expenses, including attorney’s fees, incurred as a result of removal.” We first examine whether this statute applies to cases removed pursuant to 28 U.S.C. § 1452, the bankruptcy removal statute.
Authority for the removal of cases may be found in several statutes. Section 1441 of title 28 is a general removal statute, permitting “defendants” to remove “any” civil action over which the district court has original jurisdiction. Section 1452, on the other hand, allows any “party” to remove cases within the district court’s bankruptcy jurisdiction, 28 U.S.C. § 1452(a), that is, proceedings arising under the Bankruptcy Code, or those arising in or related to a bankruptcy case, 28 U.S.C. § 1334(b). Section 1452(b) contains its own remand provision, authorizing the court to remand a removed case “on any equitable ground.”
In Pacor, Inc. v. Higgins (In re Pacor, Inc.), 743 F.2d 984, 991-92 (3d Cir.1984), the court compared the general removal provisions of 28 U.S.C. §§ 1441-1447 to the bankruptcy removal statute, then 28 U.S.C.[*324] § 1478 (currently 28 U.S.C. § 1452), and concluded:
The fact that any attempt to apply the general removal provisions to removals brought under section 1478 would create a number of statutory conflicts and inconsistencies, supports the conclusion that the provisions of sections 1441-1447 were never meant to be read into the procedures for bankruptcy removals.... [For example,] section 1441 allows only a defendant to seek removal, whereas section 1478 allows any party to remove. Sections 1441-1447, ... by their own terms, could not apply to matters removed by a plaintiff, creating ... statutory limbo. We decline to read such incongruous results into the legislation.
Id. at 992. Several other courts have adopted this reasoning. See, e.g., In re Federal Sav. & Loan Ins. Corp., 837 F.2d 432, 436 (11th Cir.1988) (§ 1447(c) applies only to cases removed pursuant to § 1441(a)); National City Bank v. Coopers & Lybrand, 802 F.2d 990, 993 (8th Cir.1986) (28 U.S.C. § 1447(d) precludes review of remand order pursuant to § 1447(c), but not for lack of bankruptcy jurisdiction under 28 U.S.C. § 1334); In re Boyer, 108 B.R. 19, 23-25 (Bankr.N.D.N.Y.1988) (holding that time frames in general removal scheme of 28 U.S.C. §§ 1441-1447 do not apply to bankruptcy removal pursuant to 28 U.S.C. § 1452).
Recently, however, the United States Supreme Court decided Connecticut National Bank v. Germain, — U.S. - - -, 112 S.Ct. 1146, 1148-49, 117 L.Ed.2d 391 (1992), in which it examined whether the specific bankruptcy appellate jurisdiction granted in 28 U.S.C. § 158 precludes appeals under the more general provision of 28 U.S.C. § 1292. The Court noted that “[r]e-dundancies across statutes are not unusual events in drafting, and so long as there is no ‘positive repugnancy5 between two laws, a court must give effect to both.” Id. at-, 112 S.Ct. at 1149 (citation omitted). Here, because Fairfield’s bankruptcy removal could have been premised on either 28 U.S.C. § 1441(a), which allows removal whenever the district court has original jurisdiction, or on 28 U.S.C. § 1452(a), which specifically authorizes removal of bankruptcy actions, there is no “positive repugnancy” and the two removal statutes simply overlap.
Moreover, the remand provision in section 1452(b) is limited to discretionary remands based on equitable grounds. If this were the only statute to apply, there would be no requirement that eases removed under § 1452(a) be remanded on the purely legal ground that the district court lacks subject matter jurisdiction. Because § 1447(c) requires such a remand, the statutes cover different contingencies, and should both be given effect. For these reasons, the provisions of 28 U.S.C. § 1447(c) apply to cases removed under § 1452(a) as well.
Prior to its amendment in 1988, § 1447(c) simply authorized payment of “just costs” when a case had been “removed improvidently and without jurisdiction.” 28 U.S.C. § 1447(c) (superseded). The statute was amended to remove the requirement that the ease be removed improvidently and to add authority for an award of attorney’s fees. These changes have been interpreted to negate any requirement that the removal be in bad faith before fees can be awarded. See, e.g., Morris v. Bridgestone/Firestone, Inc., 985 F.2d 238, 240 (6th Cir.1993); Moore v. Permanente Medical Group, Inc., 981 F.2d 443, 446 (9th Cir.1992); Morgan Guar. Trust Co. v. Republic of Palau, 971 F.2d 917, 923 (2d Cir.1992). Thus, if the district court had refused to award fees in the absence of evidence of bad faith, it would have employed an incorrect legal standard.
The district court did not, however, employ such a standard. Instead, it made express findings that Fairfield acted in good faith and had a fair basis for removing the case, and then considered such findings in deciding whether fees were warranted. Even after the statute was amended, “the propriety of the defendant’s removal continues to be central in determining whether to impose fees.” Miranti v. Lee, 3 F.3d 925, 928 (5th Cir.1993). Thus, we find no legal error in the standard employed by the district court.
[*325] We also hold that the district court did not abuse its wide discretion in declining to award fees and costs. Plaintiffs-appellants base their lawsuit on conditions which either arose prepetition or resulted directly from confirmation of Fairfield’s reorganization plan. They seek to remove from Fair-field a source of income which otherwise would be available to pay creditors under the plan. Given the bankruptcy court’s postcon-firmation jurisdiction over matters affecting the administration, implementation and consummation of the plan, 11 U.S.C. § 1142, its jurisdiction to determine the scope of a debt- or’s discharge, e.g., Woodson v. Robintech, Inc., 69 B.R. 77, 78 (E.D.La.1986), and the broad postconfirmation jurisdiction retained by the court in this case, see Appellant’s App. at 122-25, Fairfield had a legitimate basis for believing the case fell within the district court’s bankruptcy jurisdiction. Thus, the district court did not abuse its discretion in declining to award fees and costs under either 28 U.S.C. § 1447(c) or Bankr.R. 9011.
The judgment of the United States District Court for the District of Colorado is AFFIRMED.
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P.[*323] 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.