- 28 U.S.C.
Kollmeyer v. Aetna Life Ins. Co. (In re Heritage Southwest Med. Group PA)
Feb
09
2010
Ruling
Remand warranted where state law insurance action involved only non-debtor parties.
Procedural posture
Plaintiff providers filed a complaint against defendant insurer asserting state law claims. The debtor had contracted with the insurer to act as a third party administrator. The case was removed to the bankruptcy court, where the providers' motion for remand/abstention was denied and the adversary proceeding was closed pending exhaustion of administrative remedies. The providers filed a motion to reopen and a reurged motion for abstention/remand.
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Court
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