Hill v. Brooks (In re Brooks)
Mar
28
2008
Ruling
Bankruptcy court exercised abstention from state eviction action which would not affect administration.
Procedural posture
Plaintiff creditor brought an action in state court against defendant bankruptcy debtor seeking eviction of the debtor from real property and unpaid rent, and the debtor counterclaimed for a declaration that the debtor had an ownership interest in the property. The debtor removed the case to the bankruptcy court, and the creditor moved for remand or abstention under 28 U.S.C.S. §§ 1334(c)(2), 1452(b).
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Court
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