Bankruptcy Court Transfers Dog Bite Personal Injury Tort Claims to District Court Under 28 U.S.C. § 157(b)(5)

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April 24, 2026 Get Citation Alerts Download PDF Add Note

In re: Francisco Javier Espail lat, Debtor.

United States Bankruptcy Court, S.D. Florida.

• Citations: None known
• Docket Number: 25-20507

• Precedential Status: Unknown Status

• Opinion

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Trial Court Document

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ORDERED in the Southern District of Florida on April 24, 2026.

Scott M. Grossman, Chief Judge
United States Bankruptcy Court

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION
In re:
FRANCISCO JAVIER ESPAILLAT, Case No. 25-20507-SMG
Debtor. Chapter 13
ee
ORDER TRANSFERRING MATTER TO
THE UNITED STATES DISTRICT COURT FOR TRIAL
This matter came before the Court for a pretrial conference! on April 15, 2026,
on Debtor Francisco Javier Espaillat’s objections to Claim No. 10 filed by Blake
Burdeen? and Claim No. 11 filed by Jennifer Burdeen.? Both claims — Claim No. 10
for $93,883.00 and Claim No. 11 for $206,313.00 — are for bodily injuries and damages

1 Dkt. No. 82.
2 Dkt. No. 35.
3 Dkt. No. 37.

resulting from a dog bite. Under Bankruptcy Code section 502(a),4 a proof of claim is
deemed allowed, unless a party in interest objects. When a party objects – as Mr.
Espaillat has done here – section 502(b) then requires the court to determine the

amount of the claim and allow the claim in such amount, subject to certain specified
statutory grounds for disallowance.5 For the reasons discussed below, however,
because these claims are for personal injury torts, this Court cannot hear and
determine them, and instead, they must be tried in the District Court.6 28 U.S.C. § 1334 (b) vests jurisdiction over this civil proceeding in the District
Court. As authorized by 28 U.S.C. § 157 (a), the District Court has referred all

proceedings arising under the Bankruptcy Code or arising in or related to cases under
the Bankruptcy Code to the bankruptcy judges for this district.7 Under 28 U.S.C.
§ 157 (b), where a proceeding has been referred to the Bankruptcy Court, the
bankruptcy judge may hear and determine – and may enter appropriate orders and
judgments in – all “core proceedings” arising under the Bankruptcy Code. 28 U.S.C. § 157 (b)(2) contains a non-exclusive list of core proceedings, which
include – with an important exception – the allowance or disallowance of claims

against the estate.8 The exception is that liquidation of a personal injury tort or
wrongful death claim against the bankruptcy estate for purposes of determining a

4 11 U.S.C. § 502 (a).
5 11 U.S.C. § 502 (b).
6 See 28 U.S.C. §§ 157 (b)(2)(B), (b)(5).
7 Dist. Ct. Admin. Order 2024-84 (Nov. 1, 2024); see also Dist. Ct. Loc. R. 87.2; see generally In re
Jimenez, 627 B.R. 536, 540–41 (Bankr. S.D. Fla. 2021) (explaining federal bankruptcy jurisdiction).
8 See 28 U.S.C. § 157 (b)(2)(B).
creditor’s distribution in the bankruptcy case is not a core proceeding.9 Section
157(b)(2)(B) states:
(2) Core proceedings include, but are not limited to—

(B) allowance or disallowance of claims against the estate or
exemptions from property of the estate, and estimation of claims
or interests for the purposes of confirming a plan under chapter
11, 12, or 13 of title 11 but not the liquidation or estimation of
contingent or unliquidated personal injury tort or wrongful death
claims against the estate for purposes of distribution in a case
under title 11;10
An objection to a proof of claim is therefore not a core proceeding to the extent it
requires the liquidation or estimation of a contingent or unliquidated personal injury
tort claim.11
Bankruptcy judges may still hear most non-core proceedings.12 But rather than
enter final orders and judgments, the bankruptcy judge must instead submit
proposed findings of fact and conclusions of law to the District Court.13 If all parties
consent, however, then in most cases the bankruptcy judge may hear and determine
the non-core proceeding and may enter final orders and judgments.14 When the non-
core proceeding is to liquidate or estimate a contingent or unliquidated personal
injury tort claim, however, the bankruptcy judge may not hear and determine the

9 If there were a basis to disallow a personal injury tort claim that did not require liquidating the claim
– for example, if it was untimely, see Fed. R. Bankr. P. 3002(c), or if it was unenforceable against the
debtor as a matter of law, see 11 U.S.C. § 502 (b)(1) – the claim objection would be a core proceeding
that a Bankruptcy Court could hear and determine.
10 28 U.S.C. § 157 (b)(2)(B).
11 Under 28 U.S.C. § 157 (b)(3), the bankruptcy judge is required, on his own motion or timely motion
of a party, to determine whether a proceeding is a core proceeding.
12 28 U.S.C. § 157 (c)(1).
13 Id. 14 28 U.S.C. § 157 (c)(2).
matter, even if the parties consent. Rather, 28 U.S.C. § 157 (b)(5) requires that the
claim be tried in the District Court.
Both claims here are personal injury tort claims for bodily injury and damages

stemming from a dog bite. Under 28 U.S.C. § 157 (b)(2)(B), liquidation of these claims
is a non-core proceeding, which under 28 U.S.C. § 157 (b)(5) must be tried in the
District Court.
This Court has presided over all pretrial proceedings with respect to these
claim objections. Discovery is complete, the parties have filed a joint pretrial
stipulation,15 and the matter is ready for trial. Accordingly, pursuant to 28 U.S.C.

§ 157 (b)(5), it is
ORDERED that:
1. The contested matters initiated by the debtor’s objections to Claim
No. 10 filed by Blake Burdeen16 and Claim No. 11 filed by Jennifer Burdeen17 are
TRANSFERRED to the United States District Court for the Southern District of
Florida for trial to liquidate Claim No. 10 filed by Blake Burdeen and Claim No. 11
filed by Jennifer Burdeen, for purposes of distribution in this bankruptcy case.

1. The Clerk of the Bankruptcy Court is DIRECTED to transmit a copy of this Order to the Clerk of the United States District Court for the Southern District of Florida.

15 Dkt. No. 88.
16 Dkt. No. 35.
17 Dkt. No. 37.
3. Within 14 days after entry of this Order, Mr. Espaillat must file
with the Clerk of the Bankruptcy Court a designation of the items to be included in
the record to be transmitted to the District Court. Within 14 days after

Mr. Espaillat files his designation, the Burdeens must file with the Clerk of the
Bankruptcy Court a designation of additional items to be included in the record. After
all parties have filed their designations, the Clerk of the Bankruptcy Court is
DIRECTED to transmit to the District Court all the designated items.
4. Following liquidation of these claims, the parties must return to this
Court for further proceedings consistent with the District Court’s determination.

# # #
Copies furnished to all counsel of record through CM/ECF.