- 28 U.S.C.
Grosser v. Lang (In re Northeastco Door & Millwork Co.)
Dec
21
2005
Ruling
Court abstained from hearing the breach of contact action and remanded it back to the state court since the bankruptcy court could not conduct a jury trial without consent of both parties, which the court did not have.
Procedural posture
Plaintiff seller of total interest in defendant corporate bankruptcy debtor brought an action in state court against the debtor and defendant principal of the debtor, alleging breach of the contract of sale. The bankruptcy trustee removed the action to the bankruptcy court after the debtor filed its bankruptcy petition, and the seller moved for abstention and to remand the action to state court.
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Court
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