Bankruptcy jurisdiction under the arising in standard applies only to claims where the Bankruptcy Code creates the cause of action or provides the substantive right invoked.
A former corporate president sued former officers under a state wage payment statute to recover unpaid severance after his employer filed for Chapter 11 bankruptcy. The defendants removed the case to federal court and argued that mandatory abstention under 28 U.S.C. § 1334(c)(2) did not apply to removed cases and that the claim arose in the bankruptcy. The court held that the mandatory abstention provision applies to removed cases and that a state law claim does not arise in a bankruptcy case merely because it would not exist but for the bankruptcy filing. Because the claim is merely related to the bankruptcy, the district court must consider whether the action can be timely adjudicated in state court. The court reversed the dismissal and remanded for further proceedings.
At page 216 Defining categories of bankruptcy jurisdiction under title 1165 citing cases“the category of proceedings 'arising in' bankruptcy cases 'includes such things as administrative matters, orders to turn over property of the estate and determinations of the validity, extent, or priority of liens.”
- Disen v. Bayview Loan Servicing, LLC, No. 5:21-ap-00012 (Bankr. M.D. Pa. May 31, 2022). Proceedings “arising in” cases under title 11 are “those that are not based on any right expressly created by title 11, but nevertheless, would have no existence outside of the bankruptcy.” In re Middlesex Power Equip. & Marine, Inc., 292…
- Rusciano v. City of Atl. City, No. 19-02226 (Bankr. D.N.J. Jan. 8, 2020).unpublished (arises under’” title 11 depends upon whether the Bankruptcy Code creates the cause of action or provides the substantive right invoked)
- TSA Stores, Inc. v. M J Soffe, LLC (In re TSAWD Holdings Inc.), 565 B.R. 292 (Bankr. D. Del. 2017).published See Stoe, 436 F.3d at 218 (“[C]laims that ‘arise in’ a bankruptcy case are claims that, by their nature, not their particular factual circumstances, could only arise in the context of a bankruptcy case.”); Seagate Tech.
- In re Kahn, 406 B.R. 269 (Bankr. E.D. Pa. 2009).published (arising under” jurisdiction implicated if the Bankruptcy Code “creates the cause of action or provides the substantive right invoked)
- Suntrust Bank v. Roberson ( in Re Baseline Sports, Inc.), 393 B.R. 105 (Bankr. E.D. Va. 2008).published (Á case ‘arises under’ title 11 if it invokes a substantive right provided by title 11)
- Critique Servs., LLC v. Reed (In Re Reed), 888 F.3d 930 (8th Cir. 2018).published(The category of proceedings 'arising in' bankruptcy cases includes such things as administrative matters, orders to turn over property of the estate and determinations of the validity, extent, or priority of liens.)
- Peyton, No. 25-00253 (Bankr. N.D. Ill. Sept. 22, 2026).A proceeding “arises in” bankruptcy only if it has “no existence outside of the bankruptcy.” Id. at 719 (quoting Stoe v. Flaherty, 436 F.3d 209, 216 (3d Cir. 2006)). b.
- Godorov, No. 26-01292 (Bankr. D.N.J. Sept. 1, 2026). As to the court’s jurisdiction, “[b]ankruptcy jurisdiction extends to four types of title 11 matters: (1) cases ‘under’ title 11; (2) proceedings ‘arising under’ title 11; (3) proceedings ‘arising in’ a case under title 11; and (4) proceed…
- Vargas, No. 26-01196 (Bankr. D.N.J. Sept. 1, 2026). As to the court’s jurisdiction, “[b]ankruptcy jurisdiction extends to four types of title 11 matters: (1) cases ‘under’ title 11; (2) proceedings ‘arising under’ title 11; (3) proceedings ‘arising in’ a case under title 11; and (4) proceed…
- Barlow, No. 25-50541 (Bankr. D. Del. Oct. 30, 2025). Collier says that this category “includes such things as administrative matters, orders to turn over property of the estate” and “determinations of the validity, extent, or priority of liens.”104 That answer, however, is rather unsatisfyin…
Show 54 more citing cases
- Off. Comm. of Unsecured Creditors v. Vagenas, No. 23-50590 (Bankr. D. Del. Sept. 5, 2025).Del. 2007) (citing Stoe v. Flaherty, 436 F.3d 209, 216 (3d Cir. 2006)). 42 In re Fairchild Corp., 452 B.R. 525, 530 (Bankr. D.
- New London v. Speer, 322 A.3d 407 (Conn. App. Ct. 2024).published(�‘The category of cases under title 11 refers merely to the bankruptcy petition itself. . . . A case arises under title 11 if it invokes a substantive right provided by title 11.’’ (Citation omitted; internal quotation…)
- Off. Comm. Of Unsecured Creditors v. BlockFi Inc., No. 23-01144 (Bankr. D.N.J. Oct. 10, 2023).published Jan. 8, 2020) (citing Stoe v. Flaherty, 436 F.3d 209, 216 (3d Cir. 2006)). [A] case “arises under” title 11 if it invokes a substantive right provided by title 11.
- LTL Mgmt. LLC v. Those Parties Listed on Appendix A to the Complain, No. 23-01092 (Bankr. D.N.J. Apr. 27, 2023).unpublished“Bankruptcy jurisdiction extends to four types of title 11 matters: (1) cases ‘under’ title 11; (2) proceedings ‘arising under’ title 11; (3) proceedings ‘arising in’ a case under title 11; and (4) proceedings ‘related to’ a case under tit…
- Kennedy Lewis Partners Master Fund LP v. Abry Partners, LLC, No. 22-50406 (Bankr. D. Del. Jan. 6, 2023). Related matters are generally causes of action under state law that are imported into the bankruptcy because of their impact on the size of the debtor’s estate, and hence the distribution to the debtor’s creditors.67 64 Stoe v. Flaherty, 4…
- Gruver v. Kincaid, No. 1:20-cv-00229 (W.D. Pa. May 12, 2022).“Bankruptcy jurisdiction extends to four types of title 11 matters: (1) cases ‘under’ title 11; (2) proceedings ‘arising under’ title 11; (3) proceedings ‘arising in’ a case under title 11; and (4) proceedings ‘related to’ a case under tit…
- Gruver v. Kincaid, No. 18-01025 (Bankr. W.D. Pa. May 12, 2022).“Bankruptcy jurisdiction extends to four types of title 11 matters: (1) cases ‘under’ title 11; (2) proceedings ‘arising under’ title 11; (3) proceedings ‘arising in’ a case under title 11; and (4) proceedings ‘related to’ a case under tit…
- LTL Mgmt. LLC - Adversary Proceeding, No. 22-01073 (Bankr. D.N.J. Apr. 29, 2022).published“Bankruptcy jurisdiction extends to four types of title 11 matters: (1) cases ‘under’ title 11; (2) proceedings ‘arising under’ title 11; (3) proceedings ‘arising in’ a case under title 11; and (4) proceedings ‘related to’ a case under tit…
- LTL Mgmt. LLC, No. 21-30589 (Bankr. D.N.J. Apr. 29, 2022).published“Bankruptcy jurisdiction extends to four types of title 11 matters: (1) cases ‘under’ title 11; (2) proceedings ‘arising under’ title 11; (3) proceedings ‘arising in’ a case under title 11; and (4) proceedings ‘related to’ a case under tit…
- Healthcare Real Est. Partners, LLC. v. Summit Healthcare REIT, Inc., No. 16-50981 (Bankr. D. Del. Feb. 4, 2022).(describing the contours of each of the four bases of bankruptcy jurisdiction)
- Johnson v. Lovato, No. 21-01029 (Bankr. S.D. Fla. Apr. 22, 2021).Robins Co.), 86 F.3d 364, 372 (4th Cir. 1996) (quoting Wood v. Wood (Matter of Wood), 825 F.2d 90, 97 (5th Cir. 1987)). 27 Ashland, Inc. v. G-I Holdings, Inc., (In re G-I Holdings, Inc.), 564 B.R. 217, 245 (Bankr. D.N.J. 2016) (citing Stoe…
- French v. Fed. Home Loan Mortg. Corp., No. 18-01501 (Bankr. D.N.J. Aug. 28, 2020).published Jan. 8, 2020)(citing Stoe v. Flaherty, 436 F.3d 209, 216 (3d Cir. 2006)). [A]case “arises under” title 11 if it invokes a substantive right provided by title 11.
- Millburn Mall Holdings, LLC v. Walgreen E. Co., No. 2:19-cv-20512 (D.N.J. Mar. 24, 2020).unpublished Sroe v. Flaherty, 436 F.3d 209, 216 (3d Cir. 2006).
- Arora v. Barretta, No. 2:19-cv-18051 (D.N.J. Oct. 15, 2019).unpublishedBankruptcy jurisdiction, pursuant to 28 U.S.C. § 1334 (b), “extends to four types of title 11 matters: (1) cases ‘under’ title 11; (2) proceedings ‘arising under’ title 11; (3) proceedings ‘arising in’ a case under title 11; and (4) procee…
- Arora v. Barretta, No. 2:19-cv-10562 (D.N.J. Sept. 24, 2019).unpublishedBankruptcy jurisdiction, pursuant to 28 U.S.C. § 1334 (b), “extends to four types of title 11 matters: (1) cases ‘under’ title 11; (2) proceedings ‘arising under’ title 11; (3) proceedings ‘arising in’ a case under title 11; and (4) procee…
- Sportsman's Warehouse, Inc. v. McGllis/Eckman Investments-Billings, LLC (In Re Sportsman's Warehouse, Inc.), 457 B.R. 372 (Bankr. D. Del. 2011).published
- Denunzio v. Ivy Holdings, Inc. (In re E. Orange Gen. Hosp., Inc.), 587 B.R. 53 (D.N.J. 2018).published
- Walter v. Freeway Foods, Inc. (In Re Freeway Foods of Greensboro, Inc.), 449 B.R. 860 (Bankr. M.D.N.C. 2011).published
- Rene R. Ortiz v. Aurora Health Care, 665 F.3d 906 (7th Cir. 2011).published
- Nelson v. Welch (In Re Repository Tech., Inc.), 601 F.3d 710 (7th Cir. 2010).published
- Kovalchick v. Dolbin (In Re Kovalchick), 371 B.R. 54 (Bankr. M.D. Pa. 2006).published
- Metro Bank v. Kessler (In Re Kessler), 430 B.R. 155 (Bankr. M.D. Pa. 2010).published
- C & A, S.E. v. Puerto Rico Solid Waste Mgmt. Auth., 369 B.R. 87 (D.P.R. 2007).published
- Moyer v. Bank of Am., N.A. (In Re Rosenberger), 400 B.R. 569 (Bankr. W.D. Mich. 2008).published
- City of Philadelphia v. Blaylock (In Re Blaylock), 394 B.R. 359 (Bankr. E.D. Pa. 2008).published
- Bartock v. Bae Sys. Survivability: Sys., LLC ex rel. Q'Gara-Hess & Eisenhardt Armoring Co. (In Re Bartock), 398 B.R. 135 (Bankr. W.D. Pa. 2008).published
- Equity Title v. Aegis Wholesale Corp. (In Re Aegis Mortg. Corp.), 385 B.R. 102 (Bankr. D. Del. 2008).published
- South Canaan Cellular Investments, LLC v. Lackawaxen Telecom, Inc. (In Re South Canaan Cellular Investments, LLC), 427 B.R. 85 (Bankr. E.D. Pa. 2010).published
- Globaleyes Telecomm., Inc. v. Verizon North, Inc., 425 B.R. 481 (S.D. Ill. 2010).published
- Schroeder v. New Century Holdings, Inc. (In Re New Century Holdings, Inc.), 387 B.R. 95 (Bankr. D. Del. 2008).published
- Kaiser Grp. Holdings, Inc. v. Squire Sanders & Dempsey LLP (In Re Kaiser Grp. Int'l, Inc.), 421 B.R. 1 (D.D.C. 2009).published
- Atamian v. U.S. Dep't of Educ. (In Re Atamian), 368 B.R. 375 (Bankr. D. Del. 2007).published
- Legal Xtranet, Inc. v. AT & T Mgmt. Servs., L.P. (In Re Legal Xtranet, Inc.), 453 B.R. 699 (Bankr. W.D. Tex. 2011).published
- N1 Creditors' Trust v. Crown Packaging Corp. (In Re Nukote Int'l Inc.), 457 B.R. 668 (Bankr. M.D. Tenn. 2011).published
- In re Mcelwee, 469 B.R. 566 (Bankr. M.D. Pa. 2012).published
- Schwab v. Peddinghaus Corp. (In Re Excel Storage Prods., L.P.), 458 B.R. 175 (Bankr. M.D. Pa. 2011).published
- Bayer Bus. & Tech. Servs. v. AGR Premier Consulting, Inc., 550 F. App'x 115 (3d Cir. 2014).unpublished
- Michael Radogna v. Williams Twp, 331 F. App'x 962 (3d Cir. 2009).unpublished
- In re Prommis Holdings LLC v., No. 15-4097 (3d Cir. Dec. 20, 2016).unpublished
- ACR Energy Partners, LLC v. Polo North Country Club, Inc., 143 F. Supp. 3d 198 (D.N.J. 2015).published
- Johnson v. Fifth Third Bank, Inc., 476 B.R. 493 (W.D. Ky. 2012).published
- Bank of New York Mellon v. ACR Energy Partners, LLC, 543 B.R. 158 (D.N.J. 2015).published
- In re Bell, 476 B.R. 168 (Bankr. E.D. Pa. 2012).published
- Triad Guar. Ins. v. Am. Home Mortg. Inv. Corp. (In re Am. Home Mortg. Holding), 477 B.R. 517 (Bankr. D. Del. 2012).published
- CPC Livestock, LLC v. Fifth Third Bank, Inc., 495 B.R. 332 (Bankr. W.D. Ky. 2013).published
- Carr v. JP Morgan Chase Bank, N.A. (In re New Century TRS Holdings, Inc.), 505 B.R. 431 (Bankr. D. Del. 2014).published
- In re J & B Haldeman Holdings, LLC, 517 B.R. 910 (Bankr. W.D. Wis. 2014).published
- Lightsway Litig. Servs., LLC v. Yung (In re Tropicana Ent., LLC), 520 B.R. 455 (Bankr. D. Del. 2014).published
- Gedeon v. Ballet Academy of Pittsburgh, Inc. (In re Piper), 548 B.R. 426 (Bankr. W.D. Pa. 2016).published
- Ashland Inc. v. G-I Holdings Inc. (In re G-I Holdings, Inc.), 564 B.R. 217 (Bankr. D.N.J. 2016).published
- JCF AFFM Debt Holdings. L.P. v. Affirmative Ins. Holdings, Inc. (In re Affirmative Ins. Holdings, Inc.), 565 B.R. 566 (Bankr. D. Del. 2017).published
- Trokie v. U.S. Bank Trust Nat'l Ass'n (In re Trokie), 590 B.R. 663 (Bankr. M.D. Pa. 2018).published
- Tidwell v. JPMorgan Chase Bank, N.A., 665 F. App'x 238 (3d Cir. 2016).unpublished
- Rogas, No. 24-50180 (Bankr. D. Del. Aug. 11, 2026).
At page 218 Defining claims arising in bankruptcy jurisdiction39 citing cases“claims that 'arise in' a bankruptcy case are claims that by their nature, not their particular factual circumstance, could only arise in the context of a bankruptcy case.”
- Disen v. Bayview Loan Servicing, LLC, No. 5:21-ap-00012 (Bankr. M.D. Pa. May 31, 2022). ([C]laims that ‘arise in’ a bankruptcy case are claims that by their nature, not their particular factual circumstance, could only arise in the context of a bankruptcy case.)
- Quincy Med. Ctr. v. Gupta, 858 F.3d 657 (1st Cir. 2017).published ([C]laims that ‘arise in’ a bankruptcy case are claims that by their nature, not their particular factual circumstance, could only arise in the context of a bankruptcy case.)
- TSA Stores, Inc. v. M J Soffe, LLC (In re TSAWD Holdings Inc.), 565 B.R. 292 (Bankr. D. Del. 2017).published ([C]laims that ‘arise in’ a bankruptcy case are claims that, by their nature, not their particular factual circumstances, could only arise in the context of a bankruptcy case.)
- Philadelphia Ent. & Dev. Partners, L.P. v. Pennsylvania Dep't of Revenue (In re Philadelphia Ent. & Dev. Partners, L.P.), 549 B.R. 103 (Bankr. E.D. Pa. 2016).published (claims that ‘arise in’ a bankruptcy case are claims that by their nature, not their particular factual circumstance, could only arise in the context of a bankruptcy case.)
- In re Kahn, 406 B.R. 269 (Bankr. E.D. Pa. 2009).published Perhaps a different conclusion might be reached with respect to the court’s subject matter jurisdiction if the Debtor were alleging that there had been a violation of the bankruptcy laws or rules, see, e.g., Stoe, 436 F.3d at 216 (“arising…
- Suntrust Bank v. Roberson ( in Re Baseline Sports, Inc.), 393 B.R. 105 (Bankr. E.D. Va. 2008).published “Congress used the phrase ‘arising under title 11’ to describe those proceedings that in *122 volve a cause of action created or determined by a statutory provision of title 11.” Wood, 825 F.2d at 96 ; see also Stoe, 436 F.3d at 216 (“Á ca…
- NB Element, DTS, No. 26-10502 (Bankr. D. Del. May 13, 2026).It has been referred to this Court under 17 D.I. 11, 13. 18 D.I. 29. 19 Stoe v. Flaherty, 436 F.3d 209, 218 (3d Cir. 2006). 28 U.S.C. § 157 (a) and the district court’s February 29, 2012 standing order of reference.
- NB Element, DTS, No. 26-22855 (Bankr. E.D. Cal. May 13, 2026).It has been referred to this Court under 17 D.I. 11, 13. 18 D.I. 29. 19 Stoe v. Flaherty, 436 F.3d 209, 218 (3d Cir. 2006). 28 U.S.C. § 157 (a) and the district court’s February 29, 2012 standing order of reference.
- Whiteford, Taylor & Preston, L.L.P. v. Albert's Capital Servs., LLC, No. 2:25-cv-00588 (W.D. Pa. Dec. 1, 2025).Having failed to meet the standard for “related to” jurisdiction, this case also does not “arise in” a bankruptcy case. “[C]laims that ‘arise in’ a bankruptcy case are claims that by their nature, not their particular factual circumstance,…
- Kennedy Lewis Partners Master Fund LP v. Abry Partners, LLC, No. 22-50406 (Bankr. D. Del. Jan. 6, 2023). Related matters are generally causes of action under state law that are imported into the bankruptcy because of their impact on the size of the debtor’s estate, and hence the distribution to the debtor’s creditors.67 64 Stoe v. Flaherty, 4…
Show 28 more citing cases
- Glaspell v. Internal Revenue Serv., No. 5:19-ap-00036 (Bankr. N.D. W. Va. Aug. 7, 2020).Proceedings that “arise in” bankruptcy are “claims that by their nature, not their particular factual circumstance, could only arise in the context of a bankruptcy case.” Stoe v. Flaherty, 436 F.3d 209, 218 (3rd.
- Principal Growth Strategies, LLC v. AGH Parent LLC, No. 1:19-cv-01319 (D. Del. Apr. 6, 2020). The statute “is based on comity.” Stoe v. Flaherty, 436 F.3d 209, 214 (3d Cir. 2006).
- Maxus Liquidating Trust v. YPF S.A. (In re Maxus Energy Corp.), 597 B.R. 235 (Bankr. D. Del. 2019).publishedStoe, 436 F.3d at 218 (3d Cir. 2006).
- Main v. Round Hill Investments LLC, No. 1:18-cv-11586 (D. Mass. Nov. 15, 2018).Id. at 662–63 (quoting Stoe v. Flaherty, 436 F.3d 209, 218 (3d Cir. 2006)).
- In re Velocita Corp, 169 F. App'x 712 (3d Cir. 2006).unpublished
- Geruschat v. Ernst Young LLP (In Re Seven Fields Dev. Corp.), 505 F.3d 237 (3d Cir. 2007).published
- Denunzio v. Ivy Holdings, Inc. (In re E. Orange Gen. Hosp., Inc.), 587 B.R. 53 (D.N.J. 2018).published
- Kovalchick v. Dolbin (In Re Kovalchick), 371 B.R. 54 (Bankr. M.D. Pa. 2006).published
- Legal Xtranet, Inc. v. AT & T Mgmt. Servs., L.P. (In Re Legal Xtranet, Inc.), 453 B.R. 699 (Bankr. W.D. Tex. 2011).published
- In re Farmland Indus., Inc., 567 F.3d 1010 (8th Cir. 2009).published
- Cano v. GMAC Mortg. Corp. (In Re Cano), 410 B.R. 506 (Bankr. S.D. Tex. 2009).published
- Virginia Hosp. Centerarlington Health Sys. v. Akl (In Re Akl), 397 B.R. 546 (D.D.C. 2008).published
- Lothian Cassidy LLC v. Ransom, 428 B.R. 555 (E.D.N.Y. 2010).published
- Rodriguez v. Countrywide Home Loans, Inc. (In Re Rodriguez), 396 B.R. 436 (Bankr. S.D. Tex. 2008).published
- In re Mid-States Express, Inc., 433 B.R. 688 (Bankr. N.D. Ill. 2010).published
- PNH, Inc. v. Alfa Laval Flow, Inc., 2011-Ohio-4398, 958 N.E.2d 120.published
- GAF Holdings v. Philip Rinaldi, 567 F.3d 1010 (8th Cir. 2009).published
- In re Specialty Hosp. of Washington, LLC, No. 2016-0090 (D.D.C. Nov. 28, 2017).published
- Ritchie Capital Mgmt., L.L.C. v. Opportunity Fin., L.L.C., 511 B.R. 603 (D. Minn. 2014).published
- Com. Props., LLC v. Aslansan (In re Aslansan), 490 B.R. 675 (Bankr. E.D. Pa. 2013).published
- Fluharty v. Golden (In re Golden Inv. Acquisitions, LLC.), 508 B.R. 381 (Bankr. N.D. W. Va. 2014).published
- Ferrone v. Reed (In re Rock Airport of Pittsburgh, LLC), 544 B.R. 553 (Bankr. W.D. Pa. 2015).published
- In re Millennium Lab Holdings II, LLC, 562 B.R. 614 (Bankr. D. Del. 2016).published
- Emerald Capital Advisors Corp. v. Karma Auto. LLC (In re FAH Liquidating Corp.), 567 B.R. 464 (Bankr. D. Del. 2017).published
- Boy Scouts of Am., No. 20-10343 (Bankr. D. Del. July 29, 2022).
- Gen. Motors Corp. v. Krystal Cadillac-Oldsmobile-GMC Truck, Inc. (In Re Krystal Cadillac-Oldsmobile-GMC Truck, Inc.), 371 B.R. 49 (Bankr. M.D. Pa. 2006).published
- Marotta Gund Budd & Dzera LLC v. Costa, 340 B.R. 661 (D.N.H. 2006).published
- Chowdhury v. Hansmeier, 597 B.R. 89 (D. Me. 2019).published
At page 213 Mandatory abstention requirements for state law claims29 citing casesA party waives mandatory abstention by failing to file an appropriate motion.
- In re The Art Inst. of Philadelphia LLC, et al.; Miller v. KKR & Co. Inc., No. 25-50785 (Bankr. D. Del. June 16, 2026). Pa. June 19, 2007)) (emphasis in original); Stoe, 436 F.3d at 219-220 (“[T]imeliness in this context must be determined with respect to needs of the title 11 case and not solely by reference to the relative alacrity with which the state an…
- George L. Miller v. Foley & Lardner, LLP, No. 26-50207 (Bankr. D. Del. July 9, 2026). Del. June 16, 2026); Joann, 2026 WL 1699191 , at *12. 26 See Stern v. Marshall, 564 U.S. 462, 477 (2011) (“The terms ‘non-core’ and ‘related’ are synonymous.”) (citation omitted); In re Combustion Engineering, 391 F.3d 190, 225 (3d Cir. 20…
- Prendergast, No. 25-52463 (Bankr. D. Del. June 11, 2026).Several years thereafter, however, Judge Shannon (the author of the decision in Longview Power) concluded that Longview Power was inconsistent with the Third Circuit’s holding in Stoe v. Flaherty, 436 F.3d 209, 213 (3d Cir. 2006).
- In re Joann Inc., Et Al. v. Advantus Corp., No. 25-51022 (Bankr. D. Del. June 11, 2026).Several years thereafter, however, Judge Shannon (the author of the decision in Longview Power) concluded that Longview Power was inconsistent with the Third Circuit’s holding in Stoe v. Flaherty, 436 F.3d 209, 213 (3d Cir. 2006).
- Genesis Global Holdco, LLC v. Digit. Currency Grp., Inc., No. 1:25-cv-00733 (D. Del. Mar. 25, 2026).Stoe v. Flaherty, 436 F.3d 209, 213 (3d Cir. 2006).
- BowFlex Inc., No. 24-12364 (Bankr. D.N.J. Aug. 11, 2025).Stoe v. Flaherty, 436 F.3d 209, 213, 217 (3d Cir. 2006).
- BBCK One Holding Corp. v. West Coast Mgmt., LLC, No. 24-01437 (Bankr. D.N.J. Nov. 13, 2024).Stoe v. Flaherty, 436 F.3d 209, 213 (3d Cir. 2006).
- BlockFi Inc., No. 22-19361 (Bankr. D.N.J. May 21, 2024).unpublished Stoe v. Flaherty, 436 F.3d 209, 213 (3d Cir. 2006), as amended (Mar. 17, 2006).
- BlockFi Inc. v. Arch Ins. Co., No. 24-01067 (Bankr. D.N.J. May 21, 2024).unpublished Stoe v. Flaherty, 436 F.3d 209, 213 (3d Cir. 2006), as amended (Mar. 17, 2006).
- BlockFi Inc., No. 22-19361 (Bankr. D.N.J. May 13, 2024).unpublished Stoe v. Flaherty, 436 F.3d 209, 213 (3d Cir. 2006), as amended (Mar. 17, 2006).
Show 18 more citing cases
- L. H. v. Rice Enter., LLC, No. 2:23-cv-00613 (W.D. Pa. June 26, 2023). Timeliness thus “must be determined with respect to needs of the title 11 case and not solely by reference to the relative alacrity with which the state and federal court can be expected to proceed.” Stoe v. Flaherty, 436 F.3d 209, 219 (3d…
- Roggio v. Roggio, No. 5:19-ap-00099 (Bankr. M.D. Pa. Feb. 28, 2020).Stoe v. Flaherty, 436 F.3d 209, 213 (3d Cir. 2006) (internal quotation marks omitted); In re G-I Holdings, Inc., 2017 WL 1788656 , at *5 (D.N.J., May 5, 2017).
- In re Exide Tech., 544 F.3d 196 (3d Cir. 2008).published
- Street v. End of the Road Trust, 386 B.R. 539 (D. Del. 2008).published
- Nickels Midway Pier, LLC v. Wild Waves, LLC (In Re Nickels Midway Pier, LLC), 372 B.R. 218 (D.N.J. 2007).published
- Sportsman's Warehouse, Inc. v. McGllis/Eckman Investments-Billings, LLC (In Re Sportsman's Warehouse, Inc.), 457 B.R. 372 (Bankr. D. Del. 2011).published
- In re Mccraney, 439 B.R. 188 (Bankr. D.N.M. 2010).published
- City of Cent. Falls v. Cent. Falls Teachers' Union, 468 B.R. 36 (Bankr. D.R.I. 2012).published
- Denunzio v. Ivy Holdings, Inc. (In re E. Orange Gen. Hosp., Inc.), 587 B.R. 53 (D.N.J. 2018).published
- McCraney v. High Desert Neurology, Inc. (In re McCraney), 439 B.R. 188 (Bankr. D.N.M. 2010).published
- Passavant Mem'l Homes v. Laurel Highlands Found., Inc. (In re Laurel Highlands Found., Inc.), 473 B.R. 641 (Bankr. W.D. Pa. 2012).published
- Laddusire v. Auto-Owners Ins., 494 B.R. 373 (Bankr. W.D. Wis. 2013).published
- Ocwen Loan Servicing, LLC v. AIG Fed. Sav. Bank (In re Laddusire), 494 B.R. 383 (Bankr. W.D. Wis. 2013).published
- Castle Cheese, Inc. v. FirstMerit Bank, N.A. (In re Castle Cheese, Inc.), 541 B.R. 586 (Bankr. W.D. Pa. 2015).published
- Laddusire v. Auto-Owners Ins. (In re Laddusire), 541 B.R. 697 (Bankr. W.D. Wis. 2015).published
- Crespo v. Immanuel (In re Crespo), 557 B.R. 353 (Bankr. E.D. Pa. 2016).published
- Valdez v. Metro. Prop. & Cas. Ins., 867 F. Supp. 2d 1143 (D.N.M. 2012).published
- Donald J. Trump for President, Inc. v. Boockvar, No. 2:20-cv-00966 (W.D. Pa. Sept. 23, 2020).
At page 217 Determining if a claim arises under the Bankruptcy Code24 citing cases“the bankruptcy code creates the cause of action or provides the substantive right invoked.”
- Disen v. Bayview Loan Servicing, LLC, No. 5:21-ap-00012 (Bankr. M.D. Pa. May 31, 2022). Proceedings “arising in” cases under title 11 are “those that are not based on any right expressly created by title 11, but nevertheless, would have no existence outside of the bankruptcy.” In re Middlesex Power Equip. & Marine, Inc., 292…
- Quincy Med. Ctr. v. Gupta, 858 F.3d 657 (1st Cir. 2017).published We have defined “arising in” proceedings generally as “those that are not based on any right expressly created by title 11, but nevertheless, would have no *663 existence outside of the bankruptcy.” In re Middlesex Power Equip. & Marine, I…
- Suntrust Bank v. Roberson ( in Re Baseline Sports, Inc.), 393 B.R. 105 (Bankr. E.D. Va. 2008).published “Congress used the phrase ‘arising under title 11’ to describe those proceedings that in *122 volve a cause of action created or determined by a statutory provision of title 11.” Wood, 825 F.2d at 96 ; see also Stoe, 436 F.3d at 216 (“Á ca…
- George L. Miller v. Foley & Lardner, LLP, No. 26-50207 (Bankr. D. Del. July 9, 2026). Del. June 16, 2026); Joann, 2026 WL 1699191 , at *12. 26 See Stern v. Marshall, 564 U.S. 462, 477 (2011) (“The terms ‘non-core’ and ‘related’ are synonymous.”) (citation omitted); In re Combustion Engineering, 391 F.3d 190, 225 (3d Cir. 20…
- Burgess, No. 4:25-cv-00143 (S.D. Ga. Oct. 15, 2025).“Proceedings arise under title 11 where the Bankruptcy Code itself creates the cause of action or provides the substantive right invoked.” Reyes-Colón v. Banco Popular de Puerto Rico, 110 F.4th 54, 65 (1st Cir. 2024) (citing Stoe v. Flaher…
- Reyes-Colon v. Banco Popular de Puerto Rico, 110 F.4th 54 (1st Cir. 2024).publishedStoe v. Flaherty, 436 F.3d 209, 217 (3d Cir. 2006); see also Gupta, 858 F.3d at 662 .
- Kennedy Lewis Partners Master Fund LP v. Abry Partners, LLC, No. 22-50406 (Bankr. D. Del. Jan. 6, 2023). Related matters are generally causes of action under state law that are imported into the bankruptcy because of their impact on the size of the debtor’s estate, and hence the distribution to the debtor’s creditors.67 64 Stoe v. Flaherty, 4…
- Nickels Midway Pier, LLC v. Wild Waves, LLC (In Re Nickels Midway Pier, LLC), 372 B.R. 218 (D.N.J. 2007).published
- Denunzio v. Ivy Holdings, Inc. (In re E. Orange Gen. Hosp., Inc.), 587 B.R. 53 (D.N.J. 2018).published
- Triad Guar. Ins. v. Am. Home Mortg. Inv. Corp. (In re Am. Home Mortg. Holding), 477 B.R. 517 (Bankr. D. Del. 2012).published
Show 14 more citing cases
- Carr v. JP Morgan Chase Bank, N.A. (In re New Century TRS Holdings, Inc.), 505 B.R. 431 (Bankr. D. Del. 2014).published
- Lightsway Litig. Servs., LLC v. Yung (In re Tropicana Ent., LLC), 520 B.R. 455 (Bankr. D. Del. 2014).published
- Nuveen Mun. Trust ex rel. Nuveen High Yield Mun. Bond Fund v. WithumSmith Brown, P.C., 692 F.3d 283 (3d Cir. 2012).published
- Fruit of the Loom, Inc. v. Magnetek, Inc. (In Re Fruit of the Loom, Inc.), 407 B.R. 593 (Bankr. D. Del. 2009).published
- Lemonis v. Doerge Capital Collaterized Bridge Fund, L.P. (In Re Holiday RV Superstores, Inc.), 362 B.R. 126 (D. Del. 2007).published
- Schatz v. Chase Home Fin. (In Re Schatz), 452 B.R. 544 (Bankr. M.D. Pa. 2011).published
- Kurz v. EMAK Worldwide, Inc., 464 B.R. 635 (D. Del. 2011).published
- Foothills Texas, Inc. v. MTGLQ Investors, L.P. (In re Foothills Texas, Inc.), 476 B.R. 143 (Bankr. D. Del. 2012).published
- Dots, LLC v. Milberg Factors, Inc. (In re Dots, LLC.), 562 B.R. 286 (Bankr. D.N.J. 2017).published
- Capitol BC Restaurants, LLC v. Comm'r (In re Capitol BC Restaurants, LLC), 568 B.R. 574 (Bankr. D. Mass. 2017).published
- Heaney v. Lamento (In re Whiz Kids Dev., LLC), 576 B.R. 731 (Bankr. D. Mass. 2017).published
- LTL Mgmt. LLC v. Those Parties Listed on Appendix a to Complaint, No. 3:21-cv-20252 (D.N.J. Jan. 21, 2022).
- U.S. Bank Trust, N.A. v. Vincent, No. 21-00201 (Bankr. D. Me. Nov. 10, 2021).
- LTL Mgmt. LLC - Adversary Proceeding, No. 21-03032 (Bankr. D.N.J. Jan. 21, 2022).
At page 214 Analyzing mandatory abstention in removed cases7 citing casesapplicable to removed case
- Principal Growth Strategies, LLC v. AGH Parent LLC, No. 1:19-cv-01319 (D. Del. Apr. 6, 2020). The statute “is based on comity.” Stoe v. Flaherty, 436 F.3d 209, 214 (3d Cir. 2006).
- Nickels Midway Pier, LLC v. Wild Waves, LLC (In Re Nickels Midway Pier, LLC), 372 B.R. 218 (D.N.J. 2007).published
- Mugica v. Helena Chem. Co. (In Re Mugica), 362 B.R. 782 (Bankr. S.D. Tex. 2007).published
- Williams v. George Junior Repub. (In Re Cujas), 376 B.R. 480 (Bankr. E.D. Pa. 2007).published
- Walter v. Freeway Foods, Inc. (In Re Freeway Foods of Greensboro, Inc.), 449 B.R. 860 (Bankr. M.D.N.C. 2011).published
- Falck Props., LLC v. Walnut Capital Real Est. Servs., Inc. (In re Brownsville Prop. Corp.), 473 B.R. 89 (Bankr. W.D. Pa. 2012).published
- Longview Power, LLC v. First Am. Title Ins. (In re Longview Power, LLC), 516 B.R. 282 (Bankr. D. Del. 2014).published
At page 219 Determining timely adjudication of state law claims7 citing cases[T]imeliness in this context must be determined with respect to needs of the title 11 case and not solely by reference to the relative alacrity with which the state and federal court can be expected to proceed.
- In re The Art Inst. of Philadelphia LLC, et al.; Miller v. KKR & Co. Inc., No. 25-50785 (Bankr. D. Del. June 16, 2026). ([T]imeliness in this context must be determined with respect to needs of the title 11 case and not solely by reference to the relative alacrity with which the state and federal court can be expected to proceed.)
- L. H. v. Rice Enter., LLC, No. 2:23-cv-00613 (W.D. Pa. June 26, 2023). Timeliness thus “must be determined with respect to needs of the title 11 case and not solely by reference to the relative alacrity with which the state and federal court can be expected to proceed.” Stoe v. Flaherty, 436 F.3d 209, 219 (3d…
- Street v. End of the Road Trust, 386 B.R. 539 (D. Del. 2008).published
- Walter v. Freeway Foods, Inc. (In Re Freeway Foods of Greensboro, Inc.), 449 B.R. 860 (Bankr. M.D.N.C. 2011).published
- Morris Black & Sons, Inc. v. 23S23 Constr., Inc. (In Re Carriage House Condos. L.P.), 415 B.R. 133 (Bankr. E.D. Pa. 2009).published
- Parmalat Capital Fin. Ltd. v. Bank of Am. Corp., 671 F.3d 261 (2d Cir. 2012).published
- Carter P. v. Pook & Pook, LLC., 158 F. Supp. 3d 271 (E.D. Pa. 2016).published
At page 215 Abstention determining equitable ground for remand6 citing cases“considerfs whether there is reason for the suit to proceed in state court”
- R. v. Roosevelt Inn, LLC, No. 2:21-cv-03218 (E.D. Pa. Oct. 27, 2021).Stoe v. Flaherty, 436 F.3d 209, 215 (3d Cir. 2006).
- B. v. Roosevelt Inn LLC, No. 2:21-cv-02984 (E.D. Pa. Oct. 27, 2021).Stoe v. Flaherty, 436 F.3d 209, 215 (3d Cir. 2006).
- Principal Growth Strategies, LLC v. AGH Parent LLC, No. 1:19-cv-01319 (D. Del. Apr. 6, 2020). The statute “is based on comity.” Stoe v. Flaherty, 436 F.3d 209, 214 (3d Cir. 2006).
- Morris Black & Sons, Inc. v. 23S23 Constr., Inc. (In Re Carriage House Condos. L.P.), 415 B.R. 133 (Bankr. E.D. Pa. 2009).published
- Best v. Galloway (In Re Best), 417 B.R. 259 (Bankr. E.D. Pa. 2009).published
- Drauschak v. VMP Holdings Ass'n (In re Drauschak), 481 B.R. 330 (Bankr. E.D. Pa. 2012).published
At page 211 Defining claims arising in a bankruptcy case3 citing cases
- Philadelphia Ent. & Dev. Partners, L.P. v. Pennsylvania Dep't of Revenue (In re Philadelphia Ent. & Dev. Partners, L.P.), 549 B.R. 103 (Bankr. E.D. Pa. 2016).published Stoe, 436 F.3d at 218 (“claims that ‘arise in’ a bankruptcy case are claims that by their nature, not their particular factual circumstance, could only arise in the context of a bankruptcy case.”).
- In re Velocita Corp, 169 F. App'x 712 (3d Cir. 2006).unpublished
- TotalFacility, Inc. v. Brown (In re Brown), 557 B.R. 363 (Bankr. E.D. Pa. 2016).published
At page 212 Analyzing mandatory abstention and jurisdiction over removed cases7 citing cases“appeals of decisions not to exercise mandatory abstention pursuant to 1334(c)(2) are explicitly permitted,”
- In re Exide Tech., 544 F.3d 196 (3d Cir. 2008).published
- Geruschat v. Ernst Young LLP (In Re Seven Fields Dev. Corp.), 505 F.3d 237 (3d Cir. 2007).published
- CH Props., Inc. v. Comite De Vecinos De Isla Verde (In re CH Props., Inc.), 381 B.R. 20 (D.P.R. 2007).published
v.
William E. FLAHERTY; David Carpenter; James Carpenter; William Smelas; Robert Sunderman; Ronald Statile
OPINION OF THE COURT
STAPLETON, Circuit Judge.Plaintiff-appellant George Stoe (“Stoe”) brought a state-law action in state court to recover unpaid severance benefits from current and former officers of his previous employer, which is now bankrupt. The defendants removed the case to federal court pursuant to 28 U.S.C. § 1452, which provides for the removal of claims related to a bankruptcy case. In the District Court, the defendants successfully opposed Stoe’s motion for mandatory abstention and ultimately won dismissal on the merits. Because we conclude that the District Court committed errors of law in ruling that the Bankruptcy Code’s mandatory abstention provision was inapplicable to a case of this kind, we will remand for further consideration of whether the District Court must abstain from hearing Stoe’s case.
I.
Stoe was formerly the president of Zinc Corporation of America (“Zinc”), a division of Horsehead Industries, Inc. (“Horsehead”). In April 2002, Stoe entered into a severance agreement with Zinc that provided for Stoe to receive a severance of $648,000, payable in biweekly installments of $13,500, for services he had rendered to the company prior to his departure. Zinc and Horsehead made all payments required by the severance agreement until Horsehead filed for Chapter 11 bankruptcy in the United States District Court for the Southern District of New York in August 2002. The Bankruptcy Code prohibited Horse-head from making further payments to Stoe after the filing of the petition. See Belcufine v. Aloe, 112 F.3d 633, 634 (3d Cir.1997) (noting that filing of a Chapter 11 petition bars the payment of pre-petition claims by the company).
Stoe brought an action to recover the unpaid severance payments under Pennsylvania’s Wage Payment and Collection Law, 43 Pa. Stat. § 260.1 et seq. (“WPCL”), against David Carpenter, Executive Chairman and CEO of Horsehead, James Carpenter, President of Horsehead, William Smelas and Robert Sunderman, both former Executive Vice Presidents of Zinc, Ronald Statile, former Chief Financial Officer of Zinc, and William Flaherty, former Chairman and CEO of Zinc. Under the WPCL, when a corporation fails to pay wages and benefits that it owes its employees, the corporation’s top officers can be held personally liable for the non-pay[*212] ments. Belcufine, 112 F.3d at 634. Stoe did not name Horesehead as a defendant in the suit, but if Stoe is successful, the defendants will be entitled to indemnification from Horsehead, pursuant to Horse-head’s by-laws.
After removing Stoe’s state court action to federal court, the defendants moved to dismiss Stoe’s action under Fed.R.Civ.P. 12(b)(6), or, in the alternative, to transfer the action to the Bankruptcy Court. Stoe moved to remand the action to state court, or, in the alternative, for both permissive and mandatory abstention.
The District Court denied Stoe’s motion to remand or to abstain. With respect to mandatory abstention, the court made two rulings. First, it ruled that “abstention cannot apply to removed cases.” App. at 9. Second, the District Court concluded that even if mandatory abstention applied as a general matter to removed cases, it would not apply to Stoe’s case because mandatory abstention requires that the state law claim be only “related to” the bankruptcy proceeding, and not “arise under” the Bankruptcy Code or “arise in” a bankruptcy case. In the District Court’s view, Stoe’s claim was “inextricably intertwined with the Bankruptcy Code and would not exist, but for, the bankruptcy filing.” As a result, the District Court held that Stoe’s claim “ ‘arises in’ the bankruptcy proceeding.” Id. at 10.
After Stoe responded to the defendants’ motions to dismiss, the District Court ruled, following our decision in Belcufine v. Aloe, 112 F.3d 633 (3d Cir.1997), that Stoe did not state a valid claim under the WPCL. Stoe does not challenge the merits of that ruling before us, but rather argues that the District Court was required to abstain from hearing his case and consequently lacked jurisdiction to enter the order of dismissal.
II.
We have jurisdiction to review the District Court’s order dismissing Stoe’s action pursuant to 28 U.S.C. § 1291. In addition, the District Court’s prior order denying Stoe’s motion for mandatory abstention is renewable under 28 U.S.C. § 1334(d). We are cognizant that decisions not to remand are “not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of [title 28].” 28 U.S.C. § 1452(b). By contrast, appeals of decisions not to exercise mandatory abstention pursuant to § 1334(c)(2) are explicitly permitted under § 1334(d). Stoe appeals the District Court’s decision not to abstain and we accordingly consider only the propriety of that decision, not the District Court’s decision regarding remand. As the Second Circuit noted recently, “If we determine ... the district court erred by not abstaining, the district court properly could both abstain and remand when this lawsuit is returned to it. However, that reality would not alter the fact that we would have reviewed only the decision not to abstain.” Mt. McKinley Ins. Co. v. Corning Inc., 399 F.3d 436, 445 (2nd Cir.2005). The District Coux-t’s detex'mination that the mandatory abstention provision of § 1334(c)(2) does not apply to removed cases is a question of statutox’y interpretation that we review de novo. Tavarez v. Klingensmith, 372 F.3d 188, 189 n. 1 (3d Cir.2004). We similarly exercise plenary review over the legal question of whether Stoe’s claim is a “core” proceeding. See Mt. McKinley, 399 F.3d at 447.
III.
Section 1334 of title 28 provides, in pertinent part:
(a) Except as provided in subsection (b) of this section, the district courts shall[*213] have original and exclusive jurisdiction of all cases under title 11.
(b) 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.
(c) ... (2) Upon timely motion of a party in a proceeding based upon a State law claim or State law cause of action, related to a case under title 11 but not arising under title 11 or arising in a case under title 11, with respect to which an action could not have been commenced in a court of the United States absent jurisdiction under this section, the district court shall abstain from hearing such proceeding if an action is commenced, and can be timely adjudicated, in a State forum of appropriate jurisdiction.
Thus, upon a timely motion under § 1334(c)(2), a district court must abstain if the following five requirements are met: (1) the proceeding is based on a state law claim or cause of action; (2) the claim or cause of action is “related to” a case under title 11, but does not “arise under” title 11 and does not “arise in” a case under title 11, (3) federal courts would not have jurisdiction over the claim but for its relation to a bankruptcy case; (4) an action “is commenced” in a state forum of appropriate jurisdiction; and (5) the action can be “timely adjudicated” in a state forum of appropriate jurisdiction.
The first requirement is not disputed in this appeal. Stoe’s claim is plainly based on Pennsylvania’s WPCL and he does not assert a federal cause of action. The District Court’s blanket assertion that mandatory abstention does not apply to removed cases relates to the requirement that an action “is commenced” in a state forum. Accordingly, we address that requirement first.
A.
In support of the proposition that mandatory abstention cannot apply to removed cases, the defendants insist that “the fundamental premise” of the concept of abstention is the existence of a parallel proceeding in whose favor the court can abstain, and, that in the context of removed cases, there is no such ongoing proceeding. This is confirmed, in the defendants’ view, by the use of the present tense in § 1334(c)(2)’s requirement that “an action is commenced, and can be timely adjudicated, in a State forum.” 28 U.S.C. § 1334(c)(2) (emphasis supplied). The defendants add that applying § 1334(c)(2) in a situation involving no parallel proceeding turns it into a remand provision which would either be inconsistent "with or obviate the need for the separate bankruptcy removal and remand provisions in 28 U.S.C. § 1452. We are not persuaded.
First, the existence of an ongoing state proceeding is not inherent in the nature of abstention. Burford, Pullman, and Thibodaux abstention, as well as other forms of abstention, apply without regard to the existence of an ongoing proceeding. Louisiana Power & Light Co. v. City of Thibodaux, 360 U.S. 25, 79 S.Ct. 1070, 3 L.Ed.2d 1058 (1959) (upholding abstention in eminent domain proceeding removed from state court); Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943) (requiring abstention and dismissal of case raising uncertain questions of state law in favor of resolution through centralized state administrative procedures); R.R. Comm’n of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941)[*214] (requiring abstention when state law is uncertain and clarification of state law in subsequent state court proceeding might obviate need for federal constitutional ruling); see generally Erwin Chemerinsky, Federal Jurisdiction § 12.2 (4th ed.2003) (discussing various federal abstention doctrines).
Nor does the text of § 1334(c)(2) favor the defendants’ position. On its face, that text mandates abstention in removed cases as well as those filed initially in federal court. A removed case “is commenced” in the state court and satisfies that requirement. “Is commenced” simply cannot reasonably be read to require both commencement and ongoing pendency in state court. In that regard, § 1334(c)(2) stands in sharp contrast to § 1334(e), which refers to the “district court in which a case under title 11 is commenced or is pend- ing____” 28 U.S.C. § 1334(e) (emphasis added). Congress could have likewise required that there exist a “pending” case in state court as a prerequisite to mandatory abstention, but it opted not to do so.
Significantly, the defendants have suggested no persuasive reason why Congress might have been motivated to make a distinction in § 1334(c)(2) between removed cases and others. Section 1334(c)(2) is based on comity and, on its face, reflects a congressional judgment that a party who wishes to litigate a state claim in a state court, but finds himself in a federal court solely because the controversy is related to a bankruptcy, should be able to insist upon a state adjudication if that will not adversely affect the bankruptcy proceedings. [1] Given that judgment, we can perceive no reason why Congress could have decided to deny mandatory abstention to a party who filed his state claim in a state court, only to have it removed to a federal court.
Finally, mandatory abstention is not in conflict with 28 U.S.C. § 1452, which gov-[*215] eras removal and remand in bankruptcy cases. That section provides:
(a) A party may remove any claim or cause of action in a civil action ... to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title.
(b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground....
28 U.S.C. § 1452. The defendants argue that § 1452(b) provides the exclusive means by which a federal court can remand a removed bankruptcy-related case. But section 1334(c)(2) does not purport to interfere with a court’s authority to remand under § 1452(b). Rather, § 1334(c)(2) governs only whether a district court must abstain from hearing a case. Once a district court determines that it either must abstain from hearing a removed case pursuant to 1334(c)(2) or should abstain pursuant to 1334(c)(l)’s permissive abstention provisions, it can consider whether there is reason for the suit to proceed in state court. If so, there will be an “equitable ground” justifying remand under § 1452(b). See Parrett v. Bank One, N.A. (In re Nat’l Century Fin. Enters. Inv. Litig.), 323 F.Supp.2d 861, 878 (S.D.Oh.2004) (noting that mandatory abstention provides equitable ground supporting remand under § 1452(b)); Personette v. Kennedy (In re Midgard Corp.), 204 B.R. 764, 775 & 775-76 n. 13 (B.A.P. 10th Cir.1997) (same); Murray v. Onr-Line Bus. Sys., Inc. (In re Revco D.S., Inc.), 99 B.R. 768, 776 (N.D.Oh.1989) (same); Chiodo v. NBC Bank-Brooks Field (In re Chiodo), 88 B.R. 780, 785 (W.D.Tex.1988) (same); see also Joseph C. Cavender, Comment, On the Need to Conduct Abstention Analysis in Bankruptcy-Related Cases Removed to Federal Court, 71 U. Chi. L.Rev. 289, 290 (2004) (arguing that abstention provisions, if met, should provide “equitable ground” justifying remand). There is nothing inconsistent about one statutory provision governing abstention and a second provision governing remand.
We also find unpersuasive defendants’ related argument that if mandatory abstention applies to removed cases, the abstention provision will swallow the removal provision. Nearly every removed bankruptcy-related case, they argue, will simply be returned to state court when the district court determines that mandatory abstention applies. However, the requirement of “timely adjudication” in a state forum can serve to retain a significant number of cases in federal court. Caven-der, supra, at 305-07. [2] Moreover, the removal provision of § 1452(a) applies not only to “related to” cases, but also to “arising in” and “arising under” cases, while the mandatory abstention provision applies only to “related to” cases. Compare 28 U.S.C. § 1452 (governing removal and remand for all claims for which there is jurisdiction under § 1334) with 28 U.S.C. § 1334(c)(2) (providing for mandatory abstention only in “related to” cases). Therefore, the removal provision still clearly has effect with respect to “arising in” and “arising under” cases. The mandatory abstention provision would consequently not swallow the removal provision.
Four of the five courts of appeals to have considered the issue of whether[*216] § 1334(c)(2) can apply to removal actions agree with the conclusion we here reach. See Mt. McKinley Ins. Co. v. Corning Inc., 399 F.3d 436, 446-47 (2nd Cir.2005) (rejecting argument that mandatory abstention does not apply in removal proceedings); Christo v. Padgett, 223 F.3d 1324, 1331 (11th Cir.2000) (concluding that application of mandatory abstention to removed cases “better comports with the plain language of § 1334(c)(2) as well as Congress’s intent that mandatory abstention strike a balance between the competing interests of bankruptcy and state courts”); Robinson v. Michigan Consolidated Gas Co., 918 F.2d 579, 584 n. 3 (6th Cir.1990) (“The abstention provisions of 28 U.S.C. § 1334(c)(2) apply even though a case has been removed pursuant to 28 U.S.C. § 1452.”); Southmark Corp. v. Coopers & Lybrand (Matter of Southmark Corp.), 163 F.3d 925, 929 (5th Cir.1999) (“[W]e note, only to reject out of hand, [the] assertion that statutory abstention does not apply to cases removed to federal court on the basis of bankruptcy jurisdiction.”); but see Schulman v. California (In re Lazar), 237 F.3d 967, 981-82 (9th Cir.2001) (section 1334(c)(2) “simply inapplicable” because after removal no other related state proceeding exists).
In conclusion, the mandatory abstention provision of 28 U.S.C. § 1334(c)(2) applies, by its terms, to removed cases and is not inconsistent with the removal and remand provisions of § 1452. Stoe meets the requirement that his action be “commenced” in a state court of appropriate jurisdiction.
B.
Bankruptcy jurisdiction extends to four types of title 11 matters: (1) cases “under” title 11; (2) proceedings “arising under” title 11; (3) proceedings “arising in” a case under title 11; and (4) proceedings “related to” a case under title 11. In re Combustion Eng’g, Inc., 391 F.3d 190, 225 (3d Cir.2005). The category of cases “under” title 11 “refers merely to the bankruptcy petition itself.” Id. at 225-26 n. 38 (quotation and citation omitted). A case “arises under” title 11 “if it invokes a substantive right provided by title 11.” Torkelsen v. Maggio (In re Guild & Gallery Plus, Inc.), 72 F.3d 1171, 1178 (3d Cir.1996). Bankruptcy “arising under” jurisdiction is analogous to 28 U.S.C. § 1331, which provides for original jurisdiction in district courts “of all civil actions arising under the Constitution, laws, or treaties of the United States.” 1 Collier on Bankruptcy § 3.01[4][c][i] at 3-21-22 (15th ed. rev.2005); see also Wood v. Wood (Matter of Wood), 825 F.2d 90, 96-97 (5th Cir.1987). The category of proceedings “arising in” bankruptcy cases “includes such things as administrative matters, orders to turn over property of the estate and determinations of the validity, extent, or priority of liens.” 1 Collier on Bankruptcy § 3.01[4][c][iv] at 3-31 (quotations and footnotes omitted). Proceedings “arise in” a bankruptcy case, “if they have no existence outside of the bankruptcy.” United States Trustee v. Gryphon at the Stone Mansion, Inc., 166 F.3d 552, 556 (3d Cir.1999). Finally, a proceeding is “related to” a bankruptcy case if “the outcome of that proceeding could conceivably have any effect on the estate being administered in bankruptcy.” In re Pacor, Inc. v. Higgins, 743 F.2d 984, 994 (3d Cir.1984); see also In re Federal-Mogul Global, Inc., 300 F.3d 368, 381 (3d Cir.2002) (noting that Pacor “clearly remains good law in this circuit” in this respect). [3]
[*217] The question presented here is whether Stoe’s claim “arises under” title 11, “arises in” a bankruptcy case, or is merely “related to” a bankruptcy case. This is equivalent to the question whether Stoe’s claim is a “core” proceeding or a “non-core” proceeding within the meaning of 28 U.S.C. § 157. In re Combustion Eng’g, Inc., 391 F.3d at 225 (“Cases under title 11, proceedings arising under title 11, and proceedings arising in a case under title 11 are referred to as ‘core’ proceedings; whereas proceedings ‘related to’ a case under title 11 are referred to as ‘non-core’ proceedings.”).
The defendants insist that Stoe’s claim both “arises under” the Bankruptcy Code and “arises in” a bankruptcy case. Third Circuit precedent mandates that it does neither.
Whether a proceeding is a “core” proceeding that “arises under” title 11 depends upon whether the Bankruptcy Code creates the cause of action or provides the substantive right invoked. Halper v. Halper, 164 F.3d 830, 836, 836-37 n. 7 (3d Cir.1999). As the District Court here acknowledged, Stoe’s “sole claim is based upon Pennsylvania’s Wage Payment and Collection Law.” App. at 10. Thus, it “arises under” the WPCL and not under the Bankruptcy Code. The defendants’ principal argument to the contrary is based on our decision in Belcufine v. Aloe, 112 F.3d 633 (3d Cir.1997). Nothing in that case, however, suggests that a claim like Stoe’s arises under the Bankruptcy Code.
In Belcufine, we construed the WPCL, as a matter of Pennsylvania law, to preclude liability for corporate managers when the corporation’s non-payment of wages is required by the operation of federal bankruptcy law. We reasoned that
[t]he liability of corporate managers under the WPCL is a ‘contingent’ liability, i.e., it is contingent on the corporation’s failure to pay debts that it owes. Once a corporation files a Chapter 11 petition, however, it is obligated to pay wages and benefits only to the extent required by the bankruptcy workout. Hence, when a corporation under Chapter 11 fails to make payments that the Bankruptcy Code does not permit, the contingency needed to trigger the liability of corporate managers under the Pennsylvania WPCL never occurs.
Id. at 639 (citations omitted). While federal bankruptcy law certainly informed our analysis, our decision in Belcufine was clearly based on a construction of Pennsylvania law. Id. at 640 n. 9 (“Our decision here ... is predicated solely on an interpretation of Pennsylvania law on the WPCL.”).
The fact that federal bankruptcy law is implicated as a defense to Stoe’s claim, does not change the fact that Stoe’s claim itself does not “arise under” title 11. The Bankruptcy Code did not create Stoe’s cause of action. Constitutional “arising under” federal question jurisdiction may, of course, be implicated by a federal defense to a state law claim. See Osborn v. Bank of the United States, 22 U.S. (9 Wheat) 738, 6 L.Ed. 204 (1824). But bankruptcy “arising under” jurisdiction is analogous to the narrower statutory “arising under” federal question jurisdiction of 28 U.S.C. § 1331. Matter of Wood, 825 F.2d at 96-97; 1 Collier on Bankruptcy § 3.01[4][c][i] at 3-22. Certainly, nothing in Belcufine suggests that Stoe could have filed his claim in a federal district court, had Horsehead not been in bankruptcy.
Nor can we accept the District Court’s conclusion that Stoe’s claim “arises[*218] in” a bankruptcy case. It reasoned that, because Horsehead stopped making payments as a consequence of its bankruptcy, Stoe’s claim for severance benefit “would not exist, but for the bankruptcy filing.” App. at 10. But claims that “arise in” a bankruptcy case are claims that by their nature, not their particular factual circumstance, could only arise in the context of a bankruptcy case. See Halper, 164 F.3d at 836 (proceeding is “core” “if it is a proceeding that, by its nature, could arise only in the context of a bankruptcy case”) (quotation omitted) (emphasis added); 1 Collier on Bankruptcy § 3.01[4][c][iv] at 3-31 (noting that “administrative matters” such as allowance and disallowance of claims, orders in respect to obtaining credit, determining the dischargeability of debts, discharges, confirmation of plans, orders permitting the assumption or rejection of contracts, are the principal constituents of “arising in” jurisdiction, and that “[i]n none of these instances is there a ‘cause of action’ created by statute, nor could any of the matters illustrated have been the subject of a lawsuit absent the filing of a bankruptcy case).” Claims under the WPCL can clearly exist outside the context of bankruptcy cases. The only connection that Stoe’s claim has to the Horsehead bankruptcy is that, in the event that Stoe is successful in recovering damages for unpaid wages from the defendants here, those defendants will likely seek indemnification from Horsehead. In that sense it is “related to” the Horsehead bankruptcy because it could “conceivably” have an effect on the estate being administered.
We find the situation in Halper v. Halper, 164 F.3d 830 (3d Cir.1999), indistinguishable from the one here presented. Our decision there mandates a conclusion that Stoe’s claim is not a “core” proceeding. In Halper, the plaintiff, Irwin Halper, one of four prior owners of Halper Bros., Inc. (“HBI”), sued his cousin, Barry Halper, also an owner of HBI. 164 F.3d at 833-34. Irwin had entered into a contract with HBI which provided for ongoing payments to Irwin. Id. Barry and Irwin entered into a Guaranty and Indemnity Agreement by which Barry personally guaranteed HBI’s payments to Irwin under the contract. Id. HBI subsequently entered bankruptcy. Id. at 834. Irwin sued in state court to enforce Barry’s personal guarantee, and Barry removed to the Bankruptcy Court. We ruled that Irwin’s action to enforce Barry’s personal guarantee-'^ state law claim for breach of a pre-bankruptcy contract to which the debtor was not a party”-was not a “core” proceeding because it did not “invoke a substantive provision of the bankruptcy code,” nor was it “the type of claim that can only be entertained in bankruptcy.” Id. at 838. We explained:
[Tjhese claims involve a dispute between two parties, neither of whom is the debt- or, over a prepetition contract between them. They must be resolved under New Jersey guaranty and contract law and could have been brought in state court. While Barry asserts that New Jersey law would not enforce the Guaranty if HBI’s underlying obligation is void under federal bankruptcy law, this does not render these claims core proceedings.
Id. at 838 (emphasis added). However, the claim nevertheless fell within the Bankruptcy Court’s jurisdiction as a “related to” proceeding because it could “conceivably affect” HBI’s estate in bankruptcy. Id.
Stoe’s claim against the defendants is on all fours with Irwin’s claim against Barry in Halper. Both claims involve prepetition obligations between a nondebtor-plaintiff and a third party whose obligation to the plaintiff was contingent upon the debtor’s[*219] failure to meet its obligations to the plaintiff. Both are state law claims where liability under state law may be affected by the operation of the Bankruptcy Code. The sole difference between the two cases is that Stoe’s guarantee claim is based upon a state statute and Irwin’s guarantee claim is based on state common law (ie., contract law). In the context of a “core”/ “non-core” issue, this is a distinction without a difference.
Stoe’s claim is “related to” a bankruptcy case, but it does not “arise under” the Bankruptcy Code or “arise in” a bankruptcy case.
C.
One set of defendants, for the first time on appeal, proposes an alternative basis for federal court jurisdiction in 28 U.S.C. § 959(a). That statute provides:
Trustees, receivers or managers of any property, including debtors in .possession, may be sued, without leave of the court appointing them, with respect to any of their acts or transactions in carrying on business connected with such property. Such actions shall be subject to the general equity power of such court so far as the same may be necessary to the ends of justice, but this shall not deprive a litigant of his right to trial by jury.
This argument has been waived. [4] But even were we to consider it, our conclusion would be the same. We do not read section 959(a) as creating federal jurisdiction that would exist independent of 28 U.S.C. § 1334. Accordingly, section 959(a) does not suggest that this state law action is anything other than “an action that could not have been commenced in a court of the United States absent jurisdiction under” 28 U.S.C. § 1334. 28 U.S.C. § 1334(c)(2).
D.
The District Court did not reach the question of whether the proceeding on Stoe’s state claim “can be timely adjudicated[ ] in a State forum of appropriate jurisdiction.” 28 U.S.C. § 1334(c)(2). We will remand for consideration of that question in the first instance. See Mt. McKinley, 399 F.3d at 450 (remanding for consideration of “timely adjudication” when district court had failed to reach the question due to erroneous rulings regarding whether proceeding was “core” and whether abstention applied to removed cases). [5]
The defendants urge that we can decide “timely adjudication” on the record before us. The thrust of their argument is that: (1) the question of timely adjudication involves a comparison between the speed of resolution in state and federal court; (2) the case is already resolved in federal court because the merits of the case are clear under Belcufine and Stoe has not seriously appealed this determination; (3) therefore, relatively speaking, the case cannot be timely adjudicated in state court. We conclude, however, that timeliness in this context must be determined with respect to needs of the title 11 case and not solely by reference to the relative alacrity with which the state and federal court can be expected to proceed. 1 Collier on Bankruptcy § 3.05[2] at 3-72 (“The[*220] few cases considering the issue hold that timeliness must be referenced against the needs of the title 11 case, rather than against an absolute time guideline.”).
IV.
The District Court’s judgment will be reversed, and this matter will be remanded to the District Court for further proceedings consistent with this opinion.
. The legislative history of § 1334(c)(2) consists primarily of the statements of individual legislators. It tends to confirm, however, that, out of deference to state courts and concern over the constitutional validity of the broad statutory reach of bankruptcy jurisdiction, Congress sought to give effect to the preferences of litigants who prefer a state forum, when state court adjudication would not unduly interfere with the administration of the bankruptcy estate. See, e.g., 130 Cong. Rec. 13063, 13066-67 (1984) (statement of Sen. Hatch) (supporting Senate bill's broader abstention provision and noting that “for reasons dictated by sound constitutional policy as well as judicial economy and procedural fairness to claimants, this bill contains a requirement that a Federal district court involved in a bankruptcy matter honor the request of a party to that proceeding to have wholly State law issues resolved in State courts”); 130 Cong. Rec. 17152 (statement of Sen. Heflin) (supporting broad abstention to give effect to right of litigant to state forum); 130 Cong. Rec. 17154 (statement of Sen. De-Concini) (arguing that proposed narrower abstention provision "reflect[s] a balance between the need for an effective and efficient bankruptcy court system ... and the concerns of those who find themselves involuntarily involved in a bankruptcy proceeding”); 130 Cong. Rec. 17157 (statement of Sen. Dole) ("[C]omity between Federal and State courts depends upon the mutual respect that each of those divisions of the national judiciary has for the jurisdiction of the other. At the same time, however, I believe that it is equally essential that a bankruptcy court-or district court hearing a bankruptcy proceeding-have the ability to expeditiously dispose of all claims that may be pressed by or against a debtor.”); see also Susan Block-Lieb, Permissive Bankruptcy Abstention, 76 Wash. U. L.Q. 781, 809-13 (1998) (reviewing legislative history); 2 Thomas D. Crandall, et al., The Law of Debtors and Creditors § 11.9 at 11-26 (rev. ed. 2005) (“Section 1334(c)(2) also represents a broader 'state's rights' concern for deference to and respect for state courts (as well as opposition to 'encroaching federalism'), to the extent that such deference can be made consistent with orderly and timely bankruptcy administration.”). This legislative intent affords no basis for distinguishing between removed cases and those cases brought originally in federal court.
. By contrast, if mandatory abstention does not apply to removed cases, then mandatory abstention will almost never apply. Caven-der, supra, at 300-02. Simultaneous declaratory judgment actions and enforcement actions in the state and federal court would apparently be the limit of § 1334(c)(2)’s application.
. For "related to” jurisdiction to exist at the post-confirmation stage, "the claim must affect an integral aspect of the bankruptcy process — there must be a close nexus to the bankruptcy plan or proceeding.” Binder v. Price [*217] Waterhouse & Co. (In re Resorts Int'l, Inc.), 372 F.3d 154, 167 (3d Cir.2004).
. Mandatory abstention applies only "[u]pon timely motion of a party” and does not implicate the Court’s subject matter jurisdiction. 28 U.S.C. § 1334(c)(2); In re V&M Mgmt., Inc., 321 F.3d 6, 8 (1st Cir.2003) (”[T]he abstention provision, which is waiveable by the parties, does not detract from the district court’s subject matter jurisdiction.”).
. In his motion for abstention before the District Court, Stoe asserted, based on information secured from "Calendar Control at the State Court,” that "the State Court does not have a backlog” and can "hear Plaintiffs' action in a timely manner.” App. at 103. While Stoe did not file an affidavit in support of that assertion, none of the defendants challenged the assertion during proceedings in the District Court. Similarly, none of them challenge this assertion here or argue that Stoe presented no prima facie case on this issue. Accordingly, while Stoe had the burden of proving his right to mandatory abstention, it is appropriate for us to remand to the District Court for consideration of the "timely adjudication” issue in the first instance.