United Western Bancorp Inc (fka UWBKQ)

[Newtogame]

09/16/2016 Disposition of Adversary Proceeding Number 14-1191 TBM. Review for possible closing. Final Order or Judgment Has Entered. Tickle Due Date 9/30/2016. (saj) (Entered: 09/16)/2016
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Fortunately, the Court need not delve too deeply into the jurisdictional abyss since the FDIC changed its position. On December 18, 2015, the FDIC filed a “Statement of Position” wherein the FDIC stated unequivocally that the FDIC “withdraws its jurisdictional reservations” and “consents to entry of final orders or judgment by the Bankruptcy Court in this adversary proceeding.” (Docket No. 53.)[/b] The FDIC also withdrew its affirmative defenses based upon its jurisdictional arguments. (Id.) The FDIC’s express, knowing, and voluntary consent to final adjudication by this Court is sufficient for this Court to exercise jurisdiction and issue a final judgment. Wellness Int’l Network, Ltd. v. Sharif, 135 S.Ct. 1932, 1947 (2015) (“Adjudication based upon litigant consent has been a consistent feature of the federal court system since its inception.”).
Based upon the Court’s own jurisdictional assessment coupled with the FDIC’s express consent, the Court determines that it has jurisdiction to enter final judgment on all of the claims advanced by the Trustee and the FDIC’s counterclaim pursuant to 28 U.S.C. § 1334(b). All of the Trustee’s claims are core proceedings under 28 U.S.C. § 157(b)(2). Further, venue is proper in this Court pursuant to 28 U.S.C. §§ 1408 and 1409.

http://www.cob.uscourts.gov/content/summary-publication-simon-e-rodriguez-chapter-7-trustee-v-fdic-re-united-western-bancorp-inc