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West Vernon Energy Corp. v. Daniels

West Vernon Energy Corp. v. Daniels

Ruling
Bankruptcy judge abused discretion in retaining removed state case after dismissal of underlying bankruptcy.
Procedural posture

Plaintiff fuel oil supplier brought an action for breach of contract, breach of guaranty, account stated, and quantum meruit against defendants, a customer and the customer's president as guarantor. The matter was referred to a bankruptcy court as an adversary proceeding. The president's bankruptcy case was dismissed. Defendants sought withdrawal of the reference of the adversary proceeding and remand of the action to a state court.

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opinion summary, case decided on June 19, 2006 , LexisNexis #0906-100