- 28 U.S.C.
SCS Logistics, In re
Jun
18
2025
Ruling
Court denied abstention and stay relief as overlapping state law issues were core to bankruptcy and risked duplicative litigation. (Bankr. S.D. Ohio) FACTS: 1. Roy Fernandez and Brian Peters had a dispute over the ownership and operation of SCS Logistics, Inc. (SCS-California)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 28 U.S.C.
Ivankovich Family LLC, In re--Ivankovich v. Ivankovich
Feb
26
2025
Ruling
Abstention from proceeding regarding ownership of debtors’ marital property was appropriate as the issues were governed by state law and had been pending for years in state divorce proceeding. (Bankr. S.D. Fla.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 28 U.S.C.
Fasciglione, In re--NY Tower Cap. LLC v. Fasciglione
Dec
20
2024
Ruling
Court abstained from hearing lender’s adversary proceeding seeking declaratory judgment in favor of resolution in related state court action. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 28 U.S.C.
Orion HealthCorp, Inc., In re--Ehrenberg v. United States
Dec
06
2024
Ruling
Abstention from determination of tax law issues would have no effect on efficient administration of the estate. (Bankr. E.D N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
Ottoman, In re
Nov
08
2024
Ruling
Mandatory abstention did not apply to a real property dispute involving cable installation and maintenance under alleged public rights-of-way as the removed state court lawsuit did not implicate claim allowance and was not a core proceeding. (Bankr. E.D. Mich.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
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Court
:
- 28 U.S.C.
Ebury St. Cap., LLC, In re--Emigrant Bus. Credit Corp. v. Hanratty
Nov
01
2024
Ruling
Mandatory abstention was required as the removed state court action was a non-core proceeding, not arising under Title 11 or arising in a bankruptcy case, as the claims were based on state law and existed independently before the bankruptcy filing. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
Turner, In re--Turner v. NewRez LLC
Aug
28
2024
Ruling
Court abstained from exercising jurisdiction in an adversary proceeding challenging proofs of claim filed by a foreclosing creditor that were centered around state law issues. (Bankr. D.S.C.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
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Court
:
- 28 U.S.C.
All Year Holdings Ltd., In re--AYH Wind Down LLC v. Engelman
Apr
03
2024
Ruling
Permissive abstention was not warranted as the bankruptcy court had related-to jurisdiction.(Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 28 U.S.C.
Roman Cath. Church of the Archdiocese of New Orleans, In re--Trahant v. Mintz
Nov
30
2023
Ruling
Mandatory abstention was not applicable as the claims asserted in the state court action werecore proceedings. (Bankr. E.D. La.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
- 28 U.S.C.
Evergreen Site Holdings, Inc., In re
Oct
24
2023
Ruling
Court abstained from entertaining litigation on the validity of the liens as issues of state lawpredominated. (Bankr. S.D. Ohio)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
: