Klein Bank appeals from the Orders of the Bankruptcy Court denying its motions to remand its replevin actions which had been removed from the state court to the bankruptcy court. In denying the motions, the Bankruptcy Court concluded that the replevin actions are core proceedings. While this appeal was pending, the United States Supreme Court clarified that core proceedings are limited to those “arising under or arising in” a bankruptcy case (Stern v. Marshall, ___ U.S. ____, 131 S.Ct. 2594 (2011)). Based on that, the Appeals Court concluded that the matters involved in the replevin actions were not core proceedings.
Reversed and remanded to the Bankruptcy Court for further findings on the question of whether the Bankruptcy Court is required to abstain under 28 U.S.C. § 1334(c)(2).