Appellants purchased buildings and equipment owned by the debtor, Lemco Gypsum Inc., from the trustee in a Chapter 7 liquidation proceeding. The sale articles, which remained on appellee’s land, were purchased pursuant to a sale order which required that the property be removed from the land within 60 days after purchase. The final sale order contained no reference to the sixty day removal requirement; consequently, since appellee voiced no objection, the sale became final. After appellant failed to remove the equipment, appellee filed a motion in the bankruptcy court seeking damages for the loss of use of its real property. The bankruptcy court found appellant in civil contempt and entered a judgment for damages in favor of appellee.
Background
In October 1986 Lemco Gypsum, Inc. (debtor or Lemco), a corporation engaged in gypsum recycling on property leased from Kemira, Inc. (Kemira or debtor’s landlord), filed a petition for Chapter 7 bankruptcy. On July 10, 1987, the Chapter 7 trustee sought leave to publicly sell debt- or’s buildings, machinery, and equipment located and then remaining on Kemira’s land.
On August 17, 1987 a bankruptcy judge entered an order permitting the trustee to conduct the sale of the subject property under specified conditions, including the following: “Unless other arrangements are made satisfactory to both the trustee and Kemira, ... all property shall be removed from the site within sixty (60) days following the sale.”
On October 23, 1987 the sale articles were purchased by Miller Resources, Inc. (Miller Resources), a corporation organized and wholly owned by Lawrence Miller, the debtor’s former president. An order entered by the bankruptcy judge on November 23, 1987 confirmed the sale subject to objection by an interested party within ten days; however, no reference was made to the sixty day removal requirement contained in the previous order of August 17. No objections were filed, so the sale became final on December 3, 1987.
Miller and Miller Resources appeal the district court’s ruling on the jurisdictional issue. We review the district court’s findings of fact for clear error and its conclusions of law independently.
Issue
This appeal presents a narrow question of law: does the bankruptcy court retain jurisdiction and power to control the disposition of the debtor’s property after the final sale of said property in a Chapter 7 proceeding?
Discussion
The starting point in our jurisdictional analysis is 28 U.S.C. 1471(b), the jurisdictional provision of the Bankruptcy Reform Act of 1978.
The Supreme Court’s opinion in Northern Pipeline Constr. Co. v. Marathon Pipe Line Co.
After Northern Pipeline, jurisdiction over matters allegedly related to a bankruptcy case is best analyzed in two steps: first, the reviewing court must decide whether federal jurisdiction exists in the district court; second, if jurisdiction does exist, it must determine whether the bankruptcy court properly exercised its constitutionally available powers in proceeding over the matter as a “core” or “non-core” proceeding.
I.
The circuits have developed slightly different definitions of what constitutes a related case under § 1471(b) and its nearly identical successor, § 1334(b). However, it is well settled that the jurisdiction of the bankruptcy courts to hear cases related to bankruptcy is limited initially by statute and eventually by Article III.
In Pacor, Inc. v. Higgins
Applying this test to the present case, it must be determined whether, at the time the motion for damages alleging loss of use was filed, the outcome of “civil action” between Miller Resources and Kemira conceivably could have affected the administration of Lemco’s estate.
As noted by the Seventh Circuit in Matter of Chicago, Rock Island & Pac. R.R. Co., the presence of a federal right or decision in the chain of title is insufficient to confer jurisdiction on a federal court.
We hold that the dispute between Miller Resources and Kemira is not “related to” the bankruptcy; its connections with the estate of debtor Lemco are simply too tenuous for jurisdiction to lie under § 1334(b). Overlap between the bankrupt’s affairs and another dispute is insufficient unless its resolution also affects the bankrupt’s estate or the allQcation of assets among creditors.
II.
If the district court has no jurisdiction over a particular proceeding, then neither does the bankruptcy court.
Conclusion
The bankruptcy jurisdiction is designed . to provide a single forum for dealing with
Notes
. See, e.g., Hart v. United States,
. Pub.L. 95-598, 92 Stat. 2549.
. Wood v. Wood (In Re Wood),
. Pacor, Inc. v. Higgins,
.
. Fietz v. Great W. Savings (In re Fietz),
. In Re Wood,
. Pub.L. 98-353, 98 Stat. 333.
. In Re Wood,
. Id.
. In relevant part this provision provides:
(a) Except as provided in subsection (b) of this section, the district court shall 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. 28 U.S.C. § 1334 (1988).
. In Re Wood,
. Pacor, Inc. v. Higgins,
. In re Fietz,
. Id.
. In Re Wood,
.
.
. As noted in In re Fietz,
. Subject matter jurisdiction should be determined as of the date that Kemira’s filed its motion seeking damages for the loss of use of its real property, June 28, 1988. Gresham Park Community Org. v. Howell,
. In Re Chicago, Rock Island & Pac. Ry.,
. Id. Kemira does not contend that Lawrence Miller or Miller Resources acted fraudulently in the course of the sale proceedings. Kemira failed to object to the conditions contained in the final order of sale. In order to protect the interests of good faith purchasers and the integrity of the bankruptcy system, the sale must be considered final. See In re Suchy,
. In Re Chicago, Rock Island & Pac. Ry.,
. Kemira asserts that a land owner where the debtor’s property has remained beyond the allotted sixty days could possibly assert a claim against the trustee for administrative expenses. After the property has been sold by the trustee and is outside the estate, Kemira's custodial efforts confer no value on the estate of debtor Lemco. See, e.g. In re United Trucking Serv.,
. In Re Xonics, Inc.,
.
. In re Chicago, Rock Island & Pac. Ry.,
. Id.
. Id. at 1188.
. Home Ins. Co. v. Cooper & Cooper, Ltd.,
. Pacor, Inc. v. Higgins,
. In re Fietz,
. In Re Xonics,
