- 28 U.S.C.
SJI Inc. v. Staehnke (In re SJI Inc.)
Dec
29
2010
Ruling
Bankruptcy court declined to abstain from hearing fact driven contract claim based on well settled law.
Procedural posture
Defendants filed a claim for $86,221, arising from remodeling by plaintiff debtor. Debtor objected and counterclaimed for breach of contract in the amount of $146,000, for additional unpaid materials and labor provided and performed. The counterclaim also alleged debtor was owed $248,465, based upon quantum meruit, plus interest, costs, disbursements, and fees. Defendants sought abstention by the court in liquidating the claim and counterclaim.
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Court
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