- 28 U.S.C.
Dollar Tree Stores Inc. v. Bayless Inv. & Trading Co. (In re Factory 2-U Stores Inc.)
Aug
20
2010
Ruling
Bankruptcy court lacked jurisdiction over dispute between landlord and assignee of debtor's assumed lease.
Procedural posture
Plaintiff tenant, an assignee of a lease from a chapter 7 debtor, filed a complaint for a declaratory judgment against defendant landlord to resolve the contractual rights and duties of the parties. The landlord filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction under 28 U.S.C.S. § 1334. In the alternative, the landlord requested the court to abstain from the matter pursuant to § 1334(c)(1).
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Court
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