In Re Burneice Turner, D/B/A Bunni's Diamond Inn & F/d/b/a Bunni's Casbar, Bunni's Andy C's, Debtor. Burneice Turner v. Kenneth Ermiger, 724 F.2d 338 (2d Cir. 1983). · Go Syfert
In Re Burneice Turner, D/B/A Bunni's Diamond Inn & F/d/b/a Bunni's Casbar, Bunni's Andy C's, Debtor. Burneice Turner v. Kenneth Ermiger, 724 F.2d 338 (2d Cir. 1983). Cases Citing This Book View Copy Cite
216 citation events (46 in the last 25 years) across 43 distinct courts.
Strongest positive: 47 East 34th Street (NY), L.P. v. Versa Capital Management, LLC (nysd, 2021-05-20) · Strongest negative: Goldstein v. Marine Midland Bank, N.A. (In Re Goldstein) (meb, 1996-09-26)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Goldstein v. Marine Midland Bank, N.A. (In Re Goldstein)
Bankr. D. Me. · 1996 · signal: but see · confidence high
But see In re Turner, 724 F.2d 338, 341 (2d Cir.1983) (requiring a “significant connection” to the bankruptcy estate); In re Pettibone Corp., 135 B.R. 847, 849-50 (Bankr.N.D.Ill.1992) (describing a narrower Seventh Circuit test requiring that resolution of the case “affects the amount of property available for distribution or the allocation of property among the creditors.”).
discussed Cited "but see" Boyajian v. DeLuca (In Re Remington Development Group, Inc.)
Bankr. D.R.I. · 1995 · signal: but see · confidence high
But see In re Turner, 724 F.2d 338, 341 (2d Cir.1983) (requiring a “significant connection” to the bankruptcy estate); In re Pettibone Corp., 135 B.R. 847, 849-50 (Bankr.N.D.Ill.1992) (describing a narrower Seventh Circuit test requiring that resolution of the case “affects the amount of property available for distribution or the allocation of property among the creditors.”). 8 b.
discussed Cited as authority (verbatim quote) 47 East 34th Street (NY), L.P. v. Versa Capital Management, LLC
S.D.N.Y. · 2021 · quote attribution · 1 verbatim quote · confidence high
civil proceedings are 'related to cases under title 11' if the outcome of those proceedings in any way impacts upon the handling and administration of the bankrupt estate.
cited Cited as authority (rule) 85 Flatbush Mezz LLC v. TH Holdco LLC
Bankr. S.D.N.Y. · 2023 · confidence medium
S.D.N.Y. 1996) (citing In re Turner, 724 F.2d 338, 340-41 (2d Cir. 1983)).
cited Cited as authority (rule) Empery Tax Efficient, LP v. MusclePharm Corporation
S.D.N.Y. · 2023 · confidence medium
Corp., 980 F.2d 110 , 114 (2d Cir. 1992) (citing In re Turner, 724 F.2d 338, 340-41 (2d Cir. 1983)).
discussed Cited as authority (rule) Ucarer v. ALA Turk, Inc.
S.D.N.Y. · 2020 · confidence medium
The conclusion that transfer was in the interests of justice was also consistent with 28 U.S.C. § 157 (a), which reflects Congress’s recognition “that ‘bifurcation of jurisdiction over matters obviously pertinent to [a] bankruptcy case . . . serve[s] [no] identifiable policy objective; indeed, it seem[s] to promote nothing but delay, inconvenience, and the litigation of abstruse jurisdictional issues, all of which tend[] to work to the prejudice of the estate.’” Id. at *6 (alterations in original) (quoting In re Turner, 724 F.2d 338, 341 (2d Cir. 1983)); see also id. at *3.
discussed Cited as authority (rule) Marah Wood Productions, LLC v. Jones
D. Conn. · 2015 · confidence medium
Corp., 980 F.2d 110 , 114 (2d Cir.1992) (citing In re Turner, 724 F.2d 338, 340-41 (2d Cir. 1983), and Pacor, Inc. v. Higgins, 743 F.2d 984, 994 (3d Cir.1984)); see also In re Quigley Co., 676 F.3d 45, 57 (2d Cir.2012).
discussed Cited as authority (rule) Davis v. M & M Developer, LLC (In re MBM Entertainment, LLC)
Bankr. S.D.N.Y. · 2015 · confidence medium
Corp., 980 F.2d 110 , 114 (2d Cir.1992) (To determine whether there is “related to” jurisdiction, the test is whether the outcome of the litigation “might have any ‘conceivable effect’ on the bankrupt estate” or any “significant connection with the bankruptcy estate” (citing Pacor, Inc. v. Higgins, 743 F.2d 984, 994 (3d Cir.1984), and In re Turner, 724 F.2d 338, 341 (2d Cir.1983)).
discussed Cited as authority (rule) Kirschenbaum Ex Rel. Estate of the Robert Plan Corp. v. United States Department of Labor (In Re Robert Plan Corp.)
2d Cir. · 2015 · confidence medium
The standard for “related to” jurisdiction is “whether the outcome of the proceeding could conceivably have any effect upon the [debtors’] estate being administered.” In re Turner, 724 F.2d 338, 341 (2d Cir.1983) (quotation marks omitted).
cited Cited as authority (rule) Pfizer Inc. v. Law Offices of Peter G. Angelos (In Re Quigley Co.)
2d Cir. · 2012 · confidence medium
In re Turner, 724 F.2d 338, 341 (2d Cir.1983) (Friendly, J.) (internal quotation marks omitted).
discussed Cited as authority (rule) McCarthy v. Radcliffe (In Re Radcliffe)
Bankr. D. Conn. · 2012 · confidence medium
“Where a debtor has already reclaimed exempted property from the estate, a dispute over such property is not sufficiently ‘related to’ the bankruptcy case to sustain federal jurisdiction under ... 28 U.S.C. § 1334 (B).” Bell v. Bell, 225 F.3d 203, 215 (2d Cir.2000) (citing In re Turner, 724 F.2d 338, 341 (2d Cir.1983)).
discussed Cited as authority (rule) In Re Robert Plan Corp.
Bankr. E.D.N.Y. · 2010 · confidence medium
DOL agrees with the Trustee that the test for determining whether a civil proceeding is non-core but related to a bankruptcy case is “whether the outcome of that proceeding could conceivably have any effect on the estate being administered.” Turner v. Ermiger, 724 F.2d 338, 341 (2d Cir.1983); Pacor v. Higgins, 743 F.2d 984, 994 (3d Cir.1984).
discussed Cited as authority (rule) Taub v. Hershkowitz (In Re Taub)
Bankr. E.D.N.Y. · 2009 · confidence medium
Burn eice Turner v. Kenneth Ermiger (In re Turner), 724 F.2d 338, 341 (2d Cir.1983) (debtor’s conversion action against her landlord lacked a “significant connection” and therefore was not “related to” her bankruptcy case).
cited Cited as authority (rule) LEAD I JV, LP v. North Fork Bank
E.D.N.Y · 2009 · confidence medium
Corp., 980 F.2d 110 , 114 (2d Cir.1992) (quoting In re Turner, 724 F.2d 338, 340-41 (2d Cir.1983)).
discussed Cited as authority (rule) Wilborn v. Wells Fargo Bank, N.A. (In Re Wilborn)
Bankr. S.D. Tex. · 2009 · confidence medium
Blurring the distinction between § 1334(b)’s jurisdictional categories, Wells Fargo makes the sweeping assertion that “[m]ost courts ... have concluded that bankruptcy courts lack subject matter jurisdiction over property that does not belong to a debtor’s bankruptcy estate,” citing the following cases as examples: *883 Torkelsen v. Maggio (In re The Guild & Gallery Plus, Inc.), 72 F.3d 1171, 1181-82 (3d Cir.1996); Zale, 62 F.3d at 756 ; Gardner v. United States (In re Gardner), 913 F.2d 1515, 1518 (10th Cir.1990); Tschirn v. Secor Bank, 123 B.R. 215, 217-18 (E.D.La.1991); and Turner …
discussed Cited as authority (rule) Jacobs v. Jacobs (In Re Jacobs)
Bankr. D. Md. · 2008 · confidence medium
See Matter of McClellan, 99 F.3d 1420, 1422 (7th Cir.1996); Turner v. Ermiger (In re Turner), 724 F.2d 338, 341 (2d Cir.1983); Graziadei v. Graziadei (In re Graziadei), 32 F.3d 1408, 1410 (9th Cir.1994); In re Williams, 249 B.R. 222, 223 (Bankr.D.D.C.2000); Wesche v. IRS (In re Wesche), 178 B.R. 542, 543 (Bankr.M.D.Fla.1995) (“Although the determination of whether property is exempt is a core proceeding, the later determination of the rights in that property is not.); but see Abramowitz v. Palmer, 999 F.2d 1274, 1277 (8th Cir.1993) (”[T]he bankruptcy court’s jurisdiction includes all pro…
discussed Cited as authority (rule) Costa v. Kitrell (In Re Balensweig)
Bankr. S.D.N.Y. · 2008 · confidence medium
See id., 209 B.R. at 313-14 (Although ‘bankruptcy jurisdiction [is] to be construed as broadly as possible within the constitutional constraints of Marathon,’ this Court finds that any controversy having ‘only [a] speculative, indirect or incidental effect on the estate’ is not ‘related to’ the bankruptcy action within the meaning of Sections 157(a) and (c)) (internal citations omitted); Turner v. Ermiger (In re Turner), 724 F.2d 338, 341 (2d Cir.1983) (“Congress must have intended to put some limit on the scope of ‘related to’ jurisdiction.”).
discussed Cited as authority (rule) Tower Automotive Mexico v. Grupo Proeza, S.A. De C.V.
Bankr. S.D.N.Y. · 2006 · confidence medium
The Supreme Court has cited this test with approval, although it did not expressly adopt the definition (referring among other things to the “slightly different test” utilized by the Second Circuit in In re Turner, 724 F.2d 338, 341 (2d Cir.1983)).
discussed Cited as authority (rule) In Re Tower Automotive, Inc.
Bankr. S.D.N.Y. · 2006 · confidence medium
The Supreme Court has cited this test with approval, although it did not expressly adopt the definition (referring among other things to the "slightly different test" utilized by the Second Circuit in In re Turner, 724 F.2d 338, 341 (2d Cir.1983)).
cited Cited as authority (rule) Enron Corp. v. Citigroup, Inc. (In Re Enron Corp.)
Bankr. S.D.N.Y. · 2006 · confidence medium
Assocs., 190 B.R. at 996 (citing, In re Turner, 724 F.2d 338, 340-41 (2d Cir.1983)).
cited Cited as authority (rule) Gilbane Building Co. v. Air Systems Inc. (In Re Encompass Services Corp.)
Bankr. S.D. Tex. · 2006 · confidence medium
In re Turner, 724 F.2d 338, 341 (2d Cir.1983).
cited Cited as authority (rule) Kassover v. Prism Venture Partners, LLC (In Re Kassover)
Bankr. S.D.N.Y. · 2006 · confidence medium
Corp.), 980 F.2d 110, 114 (2d Cir.1992) citing Turner v. Ermiger (In re Turner), 724 F.2d 338, 341 (2d Cir.1983) (Friendly, J.).
cited Cited as authority (rule) Wetzel v. Lumbermens Mutual Casualty Co.
Bankr. S.D. Ind. · 2005 · confidence medium
Id. (citing In re Xonics, 813 F.2d at 131 ; National Tax Credit Partners, L.P. v. Havlik, 20 F.3d 705, 709 (7th Cir.1994); In re Turner, 724 F.2d 338, 341 (2d Cir.1983) (Friendly, J.)).
discussed Cited as authority (rule) Rahl v. Bande
S.D.N.Y. · 2004 · confidence medium
A proceeding is “related to” a bankruptcy case when: (1) the outcome of the litigation “might have any ‘conceivable effect’ on the bankrupt estate,” Cuyahoga, 980 F.2d at 114; or (2) the litigation has a “significant connection with [the] bankruptcy case.” Turner v. Ermiger (In *133 re Turner), 724 F.2d 338, 341 (2d Cir. 1983); see also Cuyahoga, 980 F.2d at 114 (noting that it is sufficient to show that the litigation might have a conceivable effect on the bankrupt estate or that it has a significant connection with a bankruptcy case).
cited Cited as authority (rule) Liberty Mutual Insurance v. Lone Star Industries, Inc.
D. Conn. · 2004 · confidence medium
In re Turner, 724 F.2d 338, 341 (2d Cir.1983).
cited Cited as authority (rule) New York City Employees' Retirement System v. Ebbers (In Re WorldCom, Inc. Securities Litigation)
S.D.N.Y. · 2003 · confidence medium
In re Turner, 724 F.2d at 341 (citation omitted).
discussed Cited as authority (rule) ML Media Partners, LP v. Century/ML Cable Venture (In Re Adelphia Communications Corp.)
Bankr. S.D.N.Y. · 2002 · confidence medium
This test is often referred to as the “conceivable effects” test, or the “Pacor test.” Although in an earlier decision, the Second Circuit had used words suggesting an arguably stricter test, dismissing a case for lack of subject matter jurisdiction and stating that there was no showing that the action had any “significant connection” to the bankruptcy case, see In re Turner, 724 F.2d 338, 341 (2d Cir.1983), a later decision by the Second Circuit construing section 1334(b) indicates that now the Second Circuit also subscribes to the Pacor test.
cited Cited as authority (rule) Hohl v. Bastian
W.D. Pa. · 2002 · confidence medium
The Second Circuit test, established in Turner v. Ermiger, 724 F.2d 338, 341 (2d Cir.1983), is whether the action possesses "a significant connection” to the bankruptcy case. 7 .
discussed Cited as authority (rule) Victory Markets, Inc. v. NYS Unemployment Insurance (In Re Victory Markets Inc.)
Bankr. N.D.N.Y. · 2000 · confidence medium
Turner v. Ermiger (In re Burneice Turner), 724 F.2d 338, 341 (2d Cir.1983); see also Celotex Corp. v. Edwards, 514 U.S. 300, 307 , 115 S.Ct. 1493, 1499 , 131 L.Ed.2d 403 (1995); Publicker, 980 F.2d at 114; Holland Industries, Inc. v. U.S. (In re Holland Industries, Inc.), 103 B.R. 461, 468 (Bankr.S.D.N.Y.1989) (holding that the relationship of the case to the bankruptcy estate, and its impact thereupon, must be more than remote); 19 Court Street Assoc., LLC, 190 B.R. at 996 (ruling that there *16 must be “a direct and significant connection between the contract and the debtor’s estate”);…
cited Cited as authority (rule) In Re Williams
D.D.C. · 2000 · confidence medium
In re Turner, 724 F.2d 338, 341 (2d Cir.1983).
cited Cited as authority (rule) Falise v. American Tobacco Co.
E.D.N.Y · 1999 · confidence medium
The Second Circuit “seem[s] to have adopted a slightly different test.” Id., 308-09, 115 S.Ct. 1493 (citing Turner v. Ermiger (In re Turner), 724 F.2d 338, 341 (2d Cir.1983)).
discussed Cited as authority (rule) Aarismaa v. Jordan (In Re Aarismaa)
N.D.N.Y. · 1999 · confidence medium
In In re Turner, 724 F.2d 338, 340-41 (2d Cir.1983), the Second Circuit Court of Appeals held that in order to be found to be “related to,” the proceeding must have a “significant connection” to the debtor’s bankruptcy case. 10 The Second Circuit subsequently clarified its position in this regard in In re Cuyahoga Equip.
discussed Cited as authority (rule) Liddle & Robinson, L.L.P. v. Daley (In Re Daley)
Bankr. S.D.N.Y. · 1998 · confidence medium
An action is related to bankruptcy if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action (either positively or negatively), and which in any way impacts upon the handling of the estate. *314 In In re Turner, 724 F.2d 338, 341 (2d Cir.1983), the Second Circuit held that the litigation must have a “significant connection” with the bankruptcy case in order for there to be “related to” jurisdiction.
discussed Cited as authority (rule) In Re Lawrence United Corp.
Bankr. N.D.N.Y. · 1998 · confidence medium
In the Second Circuit, the bankruptcy court has “related to” jurisdiction if the resolution of the dispute has “any significant connection” to the debtor’s bankruptcy. 5 Turner v. Ermiger (In re Turner), 724 F.2d 338, 341 (2d Cir.1983).
cited Cited as authority (rule) In Re United Health Care Organization
S.D.N.Y. · 1997 · confidence medium
Id. (citing In re Turner, 724 F.2d 338, 340-41 (2d Cir.1983)).
discussed Cited as authority (rule) 176-60 Union Turnpike, Inc. v. Howard Beach Fitness Center, Inc. (2×)
S.D.N.Y. · 1997 · confidence medium
In In re Turner, the appellant argued that the definition of “related proceedings” as found in the Emergency Resolution, adopted by the Northern District to deal with the problems created by Marathon, was "invalid since, as read by the district judge, it would extend the jurisdiction of the district courts to a case having no significant relation to a bankruptcy proceeding." In re Turner, 724 F.2d at 340 (emphasis added).
cited Cited as authority (rule) ABF Capital Management v. Askin Capital Management, L.P.
S.D.N.Y. · 1997 · confidence medium
In re Turner, 724 F.2d 338, 340-41 (2d Cir.1983) (Friendly, J.).
cited Cited as authority (rule) Ehrlich v. American Express Travel Related Services Co. (In re Guilmette)
Bankr. N.D.N.Y. · 1996 · confidence medium
In re Turner, 724 F.2d 338, 341 (2d Cir.1983).
discussed Cited as authority (rule) In Re Dow Corning Corporation
6th Cir. · 1996 · confidence medium
Celotex, --- U.S. at ---- n. 6, 115 S.Ct. at 1499 n. 6 (citing UNR Indus., Inc. v. Continental Casualty Co., 942 F.2d 1101 , 1103 (7th Cir.1991), cert. denied 503 U.S. 971 , 112 S.Ct. 1586 , 118 L.Ed.2d 305 (1992) and In re Turner, 724 F.2d 338, 341 (2d Cir.1983)). 21 In addition, the Supreme Court recently cited Pacor with approval in addressing the broad scope of the jurisdictional grant in Section 1334(b).
discussed Cited as authority (rule) Lindsey v. O'Brien
6th Cir. · 1996 · confidence medium
Celotex, — U.S. at —— n. 6, 115 S.Ct. at 1499 n. 6 (citing UNR Indus., Inc. v. Continental Casualty Co., 942 F.2d 1101 , 1103 (7th Cir. 1991), cert. denied 503 U.S. 971 , 112 S.Ct. 1586 , 118 L.Ed.2d 305 (1992) and In re Turner, 724 F.2d 338, 341 (2d Cir.1983)).
cited Cited as authority (rule) In Re Gucci
Bankr. S.D.N.Y. · 1996 · confidence medium
Nemsa Establishment, S.A. v. Viral Testing Systems Corp., 1995 WL 489711 *3 (S.D.N.Y.1995) quoting In re Turner, 724 F.2d 338, 341 (2d Cir.1983).
discussed Cited as authority (rule) 19 Court Street Associates, LLC v. Resolution Trust Corp. (In Re 19 Court Street Associates, LLC)
Bankr. S.D.N.Y. · 1996 · confidence medium
In Celotex, — U.S. -, 115 S.Ct. at 1499 n. 6, the Supreme Court notes that the test adopted by the Second Circuit for determining whether there is “related to” jurisdiction is exemplified by In re Turner, 724 F.2d 338, 341 (2d Cir.1983).
cited Cited as authority (rule) Hunnicutt Co. v. TJX Companies, Inc. (In Re Ames Department Stores, Inc.)
S.D.N.Y. · 1995 · confidence medium
Corp.), 980 F.2d 110 , 114 (2d Cir.1992) (citing Turner v. Ermiger (In re Turner), 724 F.2d 338, 340-41 (2d Cir.1983)).
cited Cited as authority (rule) Wesche v. United States, Internal Revenue Service (In Re Wesche)
Bankr. M.D. Fla. · 1995 · confidence medium
In re Turner, 724 F.2d 338, 441 (2nd Cir.1983).
cited Cited as authority (rule) Zerand-Bernal Group, Inc. v. Cox
7th Cir. · 1994 · confidence medium
Id.; National Tax Credit Partners, L.P. v. Havlik, 20 F.3d 705, 709 (7th Cir.1994); In re Turner, 724 F.2d 338, 341 (2d Cir.1983) (Friendly, J.).
cited Cited as authority (rule) Zerand-Bernal Group, Inc. v. Ronald L. Cox
7th Cir. · 1994 · confidence medium
Id.; National Tax Credit Partners, L.P. v. Havlik, 20 F.3d 705, 709 (7th Cir.1994); In re Turner, 724 F.2d 338, 341 (2d Cir.1983) (Friendly, J.).
discussed Cited as authority (rule) Portfolio Lease Funding Corp. v. Seagate Technology, Inc. (In Re Atlantic Computer Systems, Inc.)
Bankr. S.D.N.Y. · 1994 · confidence medium
If that question is answered affirmatively, the litigation falls within the ‘related to’ jurisdiction of the bankruptcy court.” Publicker Industries, Inc. v. United States (In re Cuyahoga Equipment Corp.), 980 F.2d 110, 114 (2d Cir.1992) (emphasis supplied) (citing Turner v. Ermiger (In re Turner), 724 F.2d 338, 340-41 (2d Cir.1983) (Friendly, J.)) (other citations omitted).
discussed Cited as authority (rule) Monaco v. United States Department of Education (In Re County Schools, Inc.)
Bankr. D. Conn. · 1994 · confidence medium
In Turner v. Ermiger (In re Turner), 724 F.2d 338, 341 (2d Cir.1983), the court held that a debtor’s conversion action was not within the bankruptcy court's "related to” jurisdiction under the applicable emergency resolution because the action had no "significant connection" to the bankruptcy case.
discussed Cited as authority (rule) In re Bri-Tech Systems, Inc.
E.D.N.Y · 1993 · confidence medium
E.g., Turner v. Ermiger (In re Turner), 724 F.2d 338, 341 (2d Cir.1983) (matter must have “significant connection” to bankruptcy ease for district, and therefore, bankruptcy courts to exercise “related to” jurisdiction); Miller v. Kemira, Inc. (In re Lemco Gypsum, Inc.), 910 F.2d 784, 787 (11th Cir.1990) (nexus between bankruptcy case and related civil proceeding is required for bankruptcy court to have subject matter jurisdiction); see E.F.
cited Cited as authority (rule) Sedlachek v. National Bank of Long Beach (In Re Kold Kist Brands, Inc.)
C.D. Cal. · 1993 · confidence medium
Turner v. Ermiger, 724 F.2d 338, 341 (2nd Cir.1983).
Retrieving the full opinion text from the archive…
In Re Burneice TURNER, D/B/A Bunni’s Diamond Inn and F/D/B/A Bunni’s Casbar, Bunni’s Andy C’s, Debtor. Burneice TURNER, Plaintiff-Appellee,
v.
Kenneth ERMIGER, Defendant-Appellant
179, Docket 83-5027.
Court of Appeals for the Second Circuit.
Dec 21, 1983.
724 F.2d 338
1983 U.S. App. LEXIS 14266
Goldberg, Sanders & Talev, Harold P. Goldberg, Syracuse, N.Y., for plaintiff-ap-pellee., Bruce B. Ros wig, Counsel of Record on Appeal, Dirk J. Oudemool, Syracuse, N.Y., for defendant-appellant.
Friendly, Van Graafei-Land Meskill.
Cited by 138 opinions  |  Published
FRIENDLY, Circuit Judge:

This is an appeal from an'order of the District Court for the Northern District of[*339] New York affirming, with a slight modification, an order of a bankruptcy judge which awarded a debtor, Burneice Turner, damages against her landlord, Kenneth Er-miger, for the conversion of personal property in the leased premises. We reverse the order of the district court, 29 B.R. 419, on the ground that the complaint was not within its jurisdiction. The parties assumed the essential validity of the Emergency Resolution adopted by order in the Northern District to deal with the problem created by the Supreme Court’s decision in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982), an assumption now justified, so far as this court is concerned, by In re Gerald Kaiser, 722 F.2d 1574, 1581 (2 Cir.1983), upholding a similar rule of the Southern District of New York.

Turner was the lessee of a bar in Onondaga County, New York, on premises owned by Ermiger. On December 7, 1981, Turner filed a voluntary petition in bankruptcy in the Bankruptcy Court for the Northern District of New York. A trustee was appointed on December 15. On December 23, Turner filed a schedule of property claimed as exempt under § 522(d) of the Bankruptcy Code of 1978. In addition to her interest in anticipated tax refunds for 1981 and various items of business-related equipment and household goods, Turner claimed as exempt a “[contingent cause of action against landlord for conversion of restaurant equipment,” which she valued at $1,475. The exemptions having exhausted the modest estate, the trustee filed a “Report of No Distribution [to Creditors]” on March 23, 1982. On April 14,1982, Turner was granted a discharge from her debts, relieving her of liabilities in excess of $15,000.

On February 23, 1982, two months after she had exempted the cause of action mentioned above, Turner filed a complaint against Ermiger in the bankruptcy court. She alleged that she had been a tenant of Ermiger’s; that “sometime [sic] in the latter part of November or the first week of December 1981”, after the service of an execution from a third party judgment creditor, Ermiger had changed the locks and refused to allow her to enter; and that Ermiger had converted various articles of personal property having a reasonable value of $1,733.95, for which Turner demanded payment. Ermiger answered on the merits. On January 7, 1983, the bankruptcy judge rendered a memorandum decision granting judgment to Turner in the amount of $1,475.00. The complaint made no allegation how the action between Turner and Ermiger was related to or could affect Turner’s bankruptcy proceeding and the opinion of the bankruptcy judge was equally silent on this subject. ■

Ermiger appealed to the district court. The first point in his brief was that the bankruptcy judge “did not have jurisdiction over the subject matter of this proceeding”. In this connection he noted that the action was “not brought by the trustee nor could the result have benefited the bankrupt estate.” Other points concerned the sufficiency of the evidence of the conversion and the value of the property.

The district judge began his discussion of the jurisdictional argument, which he recognized as being properly before him despite Ermiger’s failure to raise it before the bankruptcy judge, see 5 Wright & Miller, Federal Practice & Procedure § 1393 (1969), by referring to the provision of 28 U.S.C. § 1471(b), added by the Bankruptcy Reform Act of 1978:

Notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, the district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11 or arising in or related to cases under title 11. [1]

He went on to say, in apparent disregard of the extract from Ermiger’s brief quoted above, that “[i]t is plain, and the appellant[*340] does not dispute, that this action to recover converted property of the debtor falls within the scope of the statutory grant of jurisdiction” and that appellant’s contention was that Northern Pipeline Construction Co. v. Marathon Pipe Line Co., supra, “disabled the bankruptcy court from assuming jurisdiction over the case.”

The district judge answered that argument on the basis of the action taken by district courts throughout the nation, including the Northern District of New York, in adopting an Emergency Resolution. This provides that “[a]ll cases arising under Title 11 and all civil proceedings coming under Title 11 or arising in or related to cases under Title 11 are referred” to the bankruptcy judges and that the bankruptcy judges “may perform in referred bankruptcy cases and proceedings all acts and duties necessary for the handling of these cases and proceedings” with certain exceptions not here pertinent. It then sets out a definition of “related proceedings”, to wit, “those civil proceedings that, in the absence of a petition in bankruptcy, could have been brought in a district court or a state court,” and gives numerous examples of what are not “related proceedings”.

While the Emergency Resolution permits the bankruptcy courts to conduct “related proceedings”, it seeks to avoid problems under Northern Pipeline by stipulating that the bankruptcy judge “may not enter a judgment or definitive order, but shall submit findings, conclusions, and a proposed judgment or order to the district judge.” The district judge must then review any such judgment or order, whether or not any notice of appeal or application for leave to appeal has been filed. In conducting his review, the district judge need not defer to the findings of the bankruptcy judge and may hold a hearing and receive such evidence as he deems appropriate in coming to his decision to accept, reject, or modify, in whole or in part, the order or judgment under review.

It was on the basis of this Emergency Resolution that the district judge rejected Ermiger’s jurisdictional challenge. He reasoned that because Turner’s action fell within the class of “civil proceedings that, in the absence of a petition in bankruptcy, could have been brought in a district or state court”, it was a “related proceeding”. As such, the district judge concluded, it could be heard in the bankruptcy court, although he would be under no obligation to defer to its findings when reviewing the proposed order or judgment. The jurisdictional issue having been resolved against Ermiger, the district judge then surveyed the evidence. After stating that the Emergency Resolution does not require the district court to withhold all deference to the findings of the bankruptcy judge, he affirmed the order and judgment below with one minor modification.

Ermiger appealed to this court. While he does not question the adequacy of the Emergency Resolution to deal with the problem created by Northern Pipeline, he contends that its definition of “related proceedings” is invalid since, as read by the district judge, it would extend the jurisdiction of the district courts to a case having no significant relation to a bankruptcy proceeding. The qualification that the proceeding must be one that “could have been brought in a district court or a state court,” he argues, is no qualification at all, since it is almost impossible to conceive of a suit that could not be brought in one or the other.

We think the difficulty is not with the Emergency Resolution but with the overly literal application given to it by the district judge. Its purpose was to enable the bankruptcy courts and the district courts to exercise the broadened jurisdiction conferred in 1978 by 28 U.S.C. § 1471 consistently with Northern Pipeline until corrective legislation could be adopted, not to extend jurisdiction even beyond what Congress had granted. Congress’s reasons for including the “related to” language in 28 U.S.C. § 1471(b) were explained in H.R.Rep. No. 95-595, 95th Cong., 2d Sess. 42-52, reprinted in 1978 U.S.Code Cong. & Ad.News 5787, 5963, 6004-13 (quoting from the report of the Commission on the Bankruptcy Laws of[*341] the United States). Chief among them was the fact that although the bankruptcy courts had in the past exercised jurisdiction over a wide range of proceedings, “a considerable part of a trustee’s litigation to recover assets of the estate must be initiated in some court other than the bankruptcy court.” Id. at 6006. It was believed that this bifurcation of jurisdiction over matters obviously pertinent to the bankruptcy case no longer served any identifiable policy objective; indeed, it seemed to promote nothing but delay, inconvenience, and the litigation of abstruse jurisdictional issues, all of which tended to work to the prejudice of the estate. What was needed was a “comprehensive grant of jurisdiction ... over all controversies arising out of any bankruptcy or rehabilitation case.” Id. at 6007. There being no reason “why Congress cannot in the exercise of its power under the Bankruptcy Clause of the Constitution confer jurisdiction over all litigation having a significant connection with bankruptcy,” id. at 6009, it enacted § 1471(b).

However, as indicated by the last quotation, Congress must have intended to put some limit on the scope of “related to” jurisdiction. As said in 1 Collier, Bankruptcy ¶ 3.01[l][e] (15th ed. 1988), at 3-49:

Conceptually, there is no limit to the reach of this jurisdiction, insofar as the matter involved “arises in or [is] related to” the title 11 case. Situations will undoubtedly arise in which the controversy is so tangential to the title 11 case that a court will hold that the case neither arises in nor is related to the title 11 case. In such cases, the bankruptcy court may decide that the exiguous nature of the relationship between the proceeding and the bankruptcy case is such as to fall without the court’s jurisdiction. The criterion to be adopted in such a situation will undoubtedly be related to a determination of whether the outcome of the proceeding could conceivably have any effect upon the estate being administered.

Turner brought the present action, which she had reclaimed from the estate pursuant to § 522(d), in her own name. There is no suggestion that the proceeds would be turned over to the trustee, or accounted for to him, and the judgment below orders Er-miger to pay the damages directly to her. Failure to recover on the claim against Er-miger could not increase her exemption claim under § 522(d) of the Code since her exemptions had already exhausted the estate. On these facts, there is no showing that Turner’s action against Ermiger had any “significant connection” with her bankruptcy case. It therefore falls outside the scope of § 1471(b), which allows the district courts to conduct civil proceedings “related to” cases under Title 11.

The judgment is reversed with instructions to dismiss Turner’s complaint for want of jurisdiction.

1

. Section 1471(c) provided that the bankruptcy court should exercise all jurisdiction thus conferred upon the district court. It was this provision that gave rise to the constitutional controversy decided in Northern Pipeline, supra.