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H.D. Supply Waterworks Ltd. v. Spivey (In re Construction Supervision Servs.)

H.D. Supply Waterworks Ltd. v. Spivey (In re Construction Supervision Servs.)

Ruling
Bankruptcy court abstained from hearing complex state law action in which non-debtor parties predominated.
Procedural posture

Creditor filed a state court complaint against defendants, a chapter 11 debtor and non-debtor parties, alleging breach of contract, enforcement of lien, and quantum meruit claims. The creditor sought mandatory or permissive abstention under 28 U.S.C.S. § 1334(c), a non-debtor defendant objected.

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Commercial opinion summary, case decided on July 20, 2012 , LexisNexis #0812-101