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Cook v. Kmart Corp.

Cook v. Kmart Corp.

Aug
10
2007
Ruling
State law fraud action was subject to mandatory abstention.
Procedural posture

Defendant corporation initiated bankruptcy proceedings. Plaintiff stockholder purchased 1,000 shares of the corporation's stock. A bankruptcy court confirmed the corporation's joint plan of reorganization, which provided that all existing common stock in the corporation was cancelled. The stockholder brought an action in a state court alleging fraud under state law. The corporation removed the case to the court. The stockholder moved to remand.

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opinion summary, case decided on August 10, 2007 , LexisNexis #0907-104
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