Loos v. Koperski (In re Koperski)
Nov
05
2015
Ruling
Bankruptcy court exercised discretionary abstention with regard to state law defamation claims brought by debtor's former spouse.
Issue(s)
Should the bankruptcy court abstain from hearing and determining debtor's former spouse's defamation claims?
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Court
:
- 28 U.S.C.
OptimumBank v. Buena Vista Oceanside LLC (In re Buena Vista Oceanside LLC)
Sep
22
2015
Ruling
Bankruptcy court lacked jurisdiction to adjudicate a motion to enforce a stipulation.
Issue(s)
Did the bankruptcy court have jurisdiction to enforce a previously entered confirmation order and stipulation to compel debtor to dismiss counterclaims filed in separate litigation?
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Court
:
- 28 U.S.C.
Giese v. Cmty. Trust Bank (In re HNRC Dissolution Co.)
Sep
09
2015
Ruling
State law dispute over ownership of funds arose in bankruptcy case and did not warrant mandatory abstention.
Issue(s)
Should bankruptcy court exercise mandatory abstention with regard to an action seeking an adjudication of title to funds that the court had already adjudicated at least once, if not twice?
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Court
:
Firefighters Ret. Sys. v. Citco Grp. Ltd.
Aug
06
2015
Ruling
District court could not permissively abstain from exercising jurisdiction in a case that was related to chapter 15 bankruptcies
Issue(s)
Could district court permissively abstain from exercising jurisdiction in proceedings related to chapter 15 cases?
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Court
:
Judge or Jurisdiction information not available
Reichardt v. Valley Health Sys. Ret. Plan (In re Valley Health Sys.)
Jul
24
2015
Ruling
Abstention and remand of beneficiaries' claims against the administrator of debtor's retirement plan not warranted.
Issue(s)
Should bankruptcy court abstain from hearing beneficiaries' claims against administrator of debtor's retirement plan?
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Court
:
- 28 U.S.C.
Ruddick v. Read (In re Read)
Jul
10
2015
Ruling
Bankruptcy abstained from hearing state law dispute over property settlement agreement between debtor and former spouse.
Issue(s)
Was debt owed pursuant to property settlement agreement between debtor and former spouse and currently disputed by debtor nondischargeable?
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Court
:
- 28 U.S.C.
Holt v. Carlson (In re Carlson)
Jun
30
2015
Ruling
Bankruptcy court exercised permissive abstention with regard to dispute over home repairs.
Issue(s)
Should the bankruptcy court abstain from hearing state law dispute over repairs on debtor's fire- damaged residence?
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Court
:
- 28 U.S.C.
JC Ryan EBCOH&G LLC v. Cyber-Struct Inc. (In re Fierro)
May
29
2015
Ruling
Bankruptcy court permissively abstained from hearing debtor's motion to vacate state court judgment concerning failure to pay subcontractors.
Issue(s)
Should bankruptcy court abstain from hearing debtor's motion to vacate state court judgment for failure to pay subcontractors on a construction project?
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Court
:
Villegas v. Schmidt
May
28
2015
Ruling
Action by debtor and president against trustee properly dismissed.
Issue(s)
Did the bankruptcy court properly hold that debtor and its president required leave of court to bring an action against the trustee based on actions undertaken during administration of the estate?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Overstreet v. Roberts (In re Hendrix)
May
05
2015
Ruling
Bankruptcy court abstained from adversary proceeding to the extent involving state law issues.
Issue(s)
Should the bankruptcy court exercise permissive abstention with regard to trustee's adversary proceeding claiming wrongful foreclosure under state law?
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Court
: