- 28 U.S.C.
Camofi Master LDC v. United States Coal Corp.
Mar
17
2015
Ruling
Remand of tortious interference claims against non-debtor denied.
Issue(s)
Whether the court should grant plaintiffs' motion to remand claims against a non-debtor defendant for tortious interference with contract to state court pursuant to 28 U.S.C.S. § 1452(a).
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Court
:
- 28 U.S.C.
Hanson v. HSBC Bank USA N.A. (In re Hanson)
Jan
27
2015
Ruling
Bankruptcy court abstained from hearing state law matters that would be better handled in state court foreclosure case.
Issue(s)
Should the bankruptcy court abstain from hearing debtor's challenge to a mortgage claim involving essentially state law matters that could be resolved in a foreclosure action that was pending at the time that the bankruptcy case was filed?
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Court
:
- 28 U.S.C.
In re Strathmore Group LLC
Dec
31
2014
Ruling
Court refused to abstain from hearing claims pending in surrogate's court regarding competing claims to possible estate property.
Issue(s)
Should the bankruptcy court abstain from hearing any matters connected to proceedings pending in surrogate's court, including whether a building was properly transferred to the debtor?
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Court
:
- 28 U.S.C.
Corcoran v. Shelite (In re Shelite)
Nov
14
2014
Ruling
Bankruptcy court abstained from hearing adversary proceeding based on state law.
Issue(s)
Should the bankruptcy court abstain from hearing an adversary proceeding grounded in state law?
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Court
:
- 28 U.S.C.
De Los Santos v. Nationstar LLC (In re De Los Santos)
Oct
17
2014
Ruling
Eviction remanded as not arising under the Bankruptcy Code or in debtor's case.
Issue(s)
Should eviction proceeding be remanded to state court?
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Court
:
- 28 U.S.C.
Wells Fargo v. BMOC Investors LLC (In re BMOC Investors LLC)
Oct
07
2014
Ruling
Bankruptcy court abstained from hearing bank's guarantor proceeding against debtor and LLC.
Issue(s)
Should bankruptcy court abstain from hearing bank's guarantor proceeding against debtor and LLC?
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Court
:
RES-AZ HP 160 LLC v. Gammage & Burnham PLC (In re Kohner)
Sep
25
2014
Ruling
State case that was not shown to be related to bankruptcy remanded.
Issue(s)
Was a state court action properly removed and related to debtor's bankruptcy, and should the court abstain and remand?
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Court
:
- 28 U.S.C.
McVey v. Johnson (In re SBMC Healthcare LLC)
Sep
18
2014
Ruling
Shareholders' derivative claims dismissed as properly belonging to debtor's estate and direct claims remanded pursuant to permissive abstention.
Issue(s)
Should shareholders' adversary proceeding against debtor's attorneys for malpractice, breach of fiduciary duty, and unfair trade practices based on alleged negligence in advising debtor to file bankruptcy be remanded or dismissed?
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Court
:
- 28 U.S.C.
Callan v. Black Strata LLC (In re Montcrest Energy)
Sep
09
2014
Ruling
Bankruptcy court exercised discretionary abstention from investors' case against former officers, directors and professionals of debtor energy company.
Issue(s)
Should bankruptcy court abstain from hearing from investors' case against former officers, directors and professionals of debtor energy company?
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Court
:
- 28 U.S.C.
Peterson v. Bechard (In re Bechard)
Jul
21
2014
Ruling
Court abstained from hearing removed state court action that was merely tangentially related to debtor's bankruptcy.
Issue(s)
Should removed action exclusively concerning issues of state law, and containing no issues of federal law of any kind, be resolved by the state court in which it was filed?
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Court
: