- 28 U.S.C.
Parmalat Capital Fin. Ltd. v. Bank of Am. Corp.
Feb
21
2012
Ruling
District court erred in not exercising mandatory abstention to remand case with complex state law issues.
Procedural posture
Plaintiffs appealed from the judgments of the United States District Court for the Southern District of New York, dismissing their claims against the defendants after determining, pursuant to the mandate of the court, that mandatory abstention under 28 U.S.C.S. § 1334(c)(2) was not required in these bankruptcy-related cases.
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Judge or Jurisdiction information not available
- 28 U.S.C.
Phoenix Energy Servs. V. Phoenix Envtl. LLC (In re Phoenix Envtl. LLC)
Jan
31
2012
Ruling
Bankruptcy court abstained from hearing adversary proceeding that was related to bankruptcy but noncore as not arising under or in chapter 11 case.
Procedural posture
After creditor filed state law causes of action against defendant debtor, a writ of replevin was issued as to the debtor's property. Before the state judge ruled on a motion to dismiss the writ, the debtor filed its chapter petition and filed a notice of removal. The creditor filed a motion for remand or abstention.
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- 28 U.S.C.
Ghannam v. Standish (In re Protan)
Sep
30
2011
Ruling
Mandatory abstention did not apply to property damage dispute between debtor and former spouse pending before family court.
Procedural posture
Trustee filed an adversary proceeding in the U. S. Bankruptcy Court for the Southern District of West Virginia, Charleston Division, against defendant creditors, seeking avoidance of a property transfer and repayment of a loan made by a chapter 7 debtor to one of the creditors. The bankruptcy court invalidated a prenuptial agreement and entered judgment in favor of the trustee. The creditors appealed.
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- 28 U.S.C.
Archangel Diamond Corp. v. OAO Lukoil (In re Archangel Diamond Corp.)
Oct
28
2010
Ruling
Discretionary abstention exercised with regard to debtor's RICO action against Russian company.
Procedural posture
Debtor, a Canadian company, filed an action in the Denver District Court (Colorado) in 2001, alleging, inter alia, that defendant, a Russian company, breached a contract the parties entered for the purpose of mining diamonds. The case was moved to federal district court and referred to the bankruptcy court after the debtor was forced into bankruptcy, and the Russian company filed a motion for abstention and remand to the state court.
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- 28 U.S.C.
Wolfe v. Greentree Mortg. Corp.
Jan
26
2010
Ruling
Mandatory abstention not applicable to core proceeding for invalidation of deed of trust.
Procedural posture
Plaintiff debtor filed a voluntary petition in bankruptcy. The debtor then sued defendants, corporations, and alleged unconscionable inducement of the loan, misconduct by a notary public, breach of contract, estoppel preventing foreclosure on the loan, illegal debt collection, and illegal return of payment. The action sought, inter alia, invalidation of the deed of trust and damages. The corporations removed the case. The debtor moved to remand.
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- 28 U.S.C.
In re Radetic
Jan
16
2009
Ruling
Bankruptcy court voluntarily abstained from hearing contract dispute related to debtor's bankruptcy.
Procedural posture
Creditor filed a motion for relief from the automatic stay to proceed against the debtor in a state court action filed prepetition. The action arose from a failed real estate contract. The creditor, as listing agent, sought a commission from the debtor. The stay motion in effect called on the bankruptcy court to abstain from determining the breach of contract dispute.
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- 28 U.S.C.
Joremi Enters. v. Hershkowitz (In re New 118th LLC)
Nov
13
2008
Ruling
Guarantee dispute remanded pursuant to mandatory abstention once established that the matter would not affect administration.
Procedural posture
Plaintiff investors brought an action in state court against defendants: debtor, three individuals, et al. After that court ordered relief against the affiliated debtors, plaintiffs removed the action to district court which referred it to the instant court. Plaintiffs assigned the proceeds of their claims to debtors'estates, and filed an amended complaint, which dropped all defendants other than the individuals, one of which moved to remand.
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- 28 U.S.C.
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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- 28 U.S.C.
Cargill Inc. v. Man Fin. Inc. (In re Refco Inc.)
Oct
19
2006
Ruling
Sale of debtor's business and assignment of agreement were core proceedings.
Procedural posture
Defendant business purchaser appealed an order of the Bankruptcy Court for the District of Minnesota, which remanded plaintiff asset seller's removed action regarding an exclusive service contract between the seller and debtor to the state court.
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- 28 U.S.C.
Stoe v. Flaherty
Oct
11
2006
Ruling
Bankruptcy court should have abstained from hearing claims under state wage payment and collection law.
Procedural posture
The Third Circuit reversed the instant court's previous opinion and order denying plaintiff's motion to abstain under 28 U.S.C. § 1334 and remanded the action for further consideration. The Third Circuit directed the instant court to consider whether, under section 1334(c)(2), the proceeding on plaintiff's state claim could be timely adjudicated in a state forum of appropriate jurisdiction.
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