Welt v. Farino (In re Auto Restoration Inc.)
Feb
11
2011
Ruling
Court declined to abstain from hearing claim under emergency repair service contract which was related to debtor's bankruptcy.
Procedural posture
Trustee brought an adversary proceeding against defendant property owner to recover an unpaid debt to a bankruptcy debtor arising from an emergency repair service contract. The owner moved to dismiss the complaint for lack of jurisdiction and failure to state a claim, or for mandatory and/or permissive abstention in favor of a state-court action which was dismissed for lack of prosecution.
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Court
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