Amore v. OneMain Financial Group, LLC

UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In re: : Chapter 13 : Costanza Amore, : Case No. 20-14115 – PMM : Debtor. : : Costanza Amore, : : Plaintiff, : v. : Adv. Proc. 21-036 – PMM : OneMain Financial Group, LLC, : : Defendant. : ORDER DISMISSING ADVERSARY PROCEEDING FOR LACK OF SUBJECT MATTER JURISDICTION AND NOW, upon consideration of the Order Granting the Motion to Dismiss Case for Failure to Make Plan Payments entered on June 17, 2021 dismissing the bankruptcy case (Bky. Case 20-14115, Doc. # 52); AND, the above-captioned adversary proceeding is currently pending; AND, it being settled that generally, dismissal of the main bankruptcy case will result in dismissal of all pending adversary cases, see In re Smith, 866 F.2d 576 (3d Cir. 1989); In re Stardust Inn, Inc., 70 B.R. 888 (Bankr. E.D. Pa. 1987); Marcarelli v. Grocott, 507 B.R. 816 (E.D. Pa. 2014); AND, there being no justification for this Court’s retention of jurisdiction over this proceeding by way of ancillary jurisdiction; It is therefore ORDERED that the above-captioned adversary proceeding is DISMISSED for lack of subject matter jurisdiction; it 1s further ORDERED the Clerk shall administratively CLOSE this adversary proceeding. Date: June 30, 2021 Lyer/ PATRICIA M. MAYER U.S. BANKRUPTCY JUDGE