- 28 U.S.C.
Jefferson Pilot Invs. Inc. v. Cottonwood Corners Phase V LLC (In re Cottonwood Corners Phase V LLC)
Nov
26
2012
Ruling
Lien determination proceeding dismissed pursuant to permissive abstention due to primacy of state law issues.
Procedural posture
Defendant debtor filed a motion for abstention in plaintiff creditor's adversary proceeding to determine whether the creditor had a lien or other interests in the debtor's claim in another bankruptcy case.
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H.D. Supply Waterworks Ltd. v. Spivey (In re Construction Supervision Servs.)
Jul
20
2012
Ruling
Bankruptcy court abstained from hearing complex state law action in which non-debtor parties predominated.
Procedural posture
Creditor filed a state court complaint against defendants, a chapter 11 debtor and non-debtor parties, alleging breach of contract, enforcement of lien, and quantum meruit claims. The creditor sought mandatory or permissive abstention under 28 U.S.C.S. § 1334(c), a non-debtor defendant objected.
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- 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
Troisio v. Erickson (In re IMMC Liquidating Estate)
Feb
14
2012
Ruling
Trustee could seek withdrawal of reference to bankruptcy court on diversity grounds.
Procedural posture
Trustee of a liquidating trust for a bankruptcy debtor brought an adversary proceeding against defendants, but the bankruptcy court determined that it lacked jurisdiction over the proceeding. The trustee moved to transfer the proceeding to a district court or to allow the trustee to seek withdrawal of the bankruptcy reference.
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Court
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- 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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Court
:
- 28 U.S.C.
Moyer v. Carlyle (In re Strawberry)
Jan
25
2012
Ruling
Bankruptcy court abstained from hearing trustee's non-core state law-based legal malpractice action against debtor's counsel.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against legal counsel alleging that counsel committed legal malpractice in representing a bankruptcy debtor. The bankruptcy court considered whether permissive abstention by the bankruptcy court was warranted under 28 U.S.C.S. § 1334(c)(1).
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- 28 U.S.C.
FKF Madison Group Owner LLC v. 18 E. 23rd St. Realty Co. LLC (In re FKF Madison Group Owner LLC)
Jan
20
2012
Ruling
Bankruptcy court abstained from hearing adversary proceeding in which debtor had virtually no stake in the outcome.
Procedural posture
On December 29, 2011, the court issued an Order to Show Cause why it should not abstain from these adversary proceedings on a permissive basis pursuant to 28 U.S.C.S. § 1334(c)(1). The interested parties duly and thoroughly responded to the Order and the court heard argument on the issue on January 18, 2012. Plaintiff debtor as well as the non-debtor secured lender and the Committee opposed abstention.
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Court
:
- 28 U.S.C.
In re FairPoint Communs. Inc.
Jan
04
2012
Ruling
Bankruptcy court abstained from estimate of city's tax claim on reconsideration.
Procedural posture
Chapter 11 debtors filed a motion to estimate the maximum allowed proofs of claim pursuant to 11 U.S.C.S. § 105(a) and § 502(c) with regard to two creditors. The court entered an order that, inter alia, estimated one of the creditor's claim only in the unsecured amount of $1,062. That creditor later filed a motion to reconsider the court's order pursuant to 11 U.S.C.S. § 502(j).
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Court
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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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Court
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Winnecour v. Taylor (In re Taylor)
Feb
18
2011
Ruling
Court declined to abstain from hearing core proceeding to prevent transfer of assets.
Procedural posture
Plaintiff Trustee's adversary proceeding sought injunctive relief to prevent transfers of assets that were alleged to be property of the estate, pending the Trustee's further investigation. Movants, two defendants in the case, filed a Motion to Abstain.
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Court
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