In re: Hobson

Filing 4

MEMORANDUM AND ORDER denying 1 Trustee's Motion to Withdraw Reference; and adopting 3 Report and Recommendations. Signed by District Judge J. Thomas Marten on 4/8/14. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

In re: Mark Andrew Hobson,

Case No. 14-1053-JTM

MEMORANDUM AND ORDER

This is one of three related bankruptcy cases, each arising from the Trustee’s Motion to
Withdraw Reference. The Trustee seeks to transfer the action to this court, so that it may in turn
certify to the Kansas Supreme Court the question of the constitutional validity of K.S.A. § 60-2315
(2012 Supp.). In a careful and considered opinion, the bankruptcy court determined that the request
to withdraw reference should be denied, entering a Report and Recommendation that the bankruptcy
court retain the reference on all matters.
The judges in the related cases have agreed with the Report and Recommendation, and
denied the request to withdraw reference. In re Roberts, No. 14-1054-EFM (Dkt. 4); In re Myers,
No. 14-1052-MLB (Dkt. 4). The court adopts the reasoning of these decisions as well as the Report
and Recommendation itself. As Judge Melgren concluded, “The Bankruptcy Court's R&R
demonstrates that these issues are neither unique to Kansas, nor unaddressed, nor difficult. The issue
sought for certification addresses what is fundamentally a core bankruptcy proceeding, and has been
consistently resolved by two Kansas Bankruptcy Judges, one Kansas federal District Judge, and the
Bankruptcy Appellate Panel for the Tenth Circuit.” Id. at 2.

IT IS ACCORDINGLY ORDERED this 8th day of April, 2014, that the Report and
Recommendation of the United States Bankruptcy Court for the District of Kansas (Doc. 3) is
adopted, and the Trustee’s Motion to Withdraw Reference and Transfer Proceedings to the District
Court (Doc. 1) is denied.

s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE