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Wachovia Bank v. Carroll

Wachovia Bank v. Carroll

Ruling
Court voluntarily abstained from hearing severable state law dispute between debtor corporation vice president and bank over loan secured by corporate property.
Procedural posture

Plaintiff bank sued defendant vice president, company, and another entity in state court, seeking satisfaction of a personal loan that was owed by the vice president, but secured by the company's property. The bank removed the lawsuit to federal court pursuant to 28 U.S.C.S. §§ 1334(b), 1446, and 1452, and Fed. R. Bankr. P. 9027. The company moved to abstain or remand.

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Consumer opinion summary, case decided on February 10, 2009 , LexisNexis #0309-091