- 28 U.S.C.
Best Ins. Servs. Inc. v. Wells (In re Wells)
Jan
30
2009
Ruling
Bankruptcy court abstained from state law liability determination.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable. The debt was unliquidated and was the subject of a pending state court proceeding. The debtor filed a counterclaim which was essentially the same as that filed in the state court action. The creditor requested that the court abstain from hearing the counterclaim on the basis that it was founded solely on state law.
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Court
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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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Court
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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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Court
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- 28 U.S.C.
Schwab v. Beneficial Consumer Discount Co. (In re Bowler)
Oct
14
2008
Ruling
Bankruptcy court abstained from hearing trustee's claims regarding secured status of creditor's claim and alleged violations of Truth in Lending Act.
Procedural posture
Defendant lender filed a motion to dismiss plaintiff trustee's adversary complaint to determine that the creditor did not have a secured interest in the debtors'property subject to a mortgage and for damages under the Truth in Lending Act (TILA).
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Smith v. McLeskey (In re Bay Vista of Va. Inc.)
Sep
24
2008
Ruling
Bankruptcy court declined to abstain from proceeding for turnover of excess funds received by creditor in foreclosure of debtor's property.
Procedural posture
Defendants, creditors of a chapter 7 debtor, moved pursuant to 28 U.S.C.S. § 1334 for abstention of the complaint filed by plaintiff chapter 7 trustee, which sought a turnover pursuant to 11 U.S.C.S. § 542 of excess funds collected by the creditors on certain notes, alleged a breach of contract, and alleged that the creditors were judicially estopped from collecting an amount in excess of what they represented to a state court was owed them.
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Court
:
- 28 U.S.C.
Estate of Smith v. Columbia Prop. Group
Sep
22
2008
Ruling
Discretionary abstention appropriate for medical malpractice case in which a co-defendant had filed for bankruptcy.
Procedural posture
Plaintiff estate filed the instant wrongful death, medical malpractice action in a state court. One of the defendants removed the action to federal court. The matter was before the court upon the estate's motion for abstention and remand.
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Court
:
- 28 U.S.C.
White Oak Corp. v. American Intl Group Inc. (In re National Eastern Corp.)
Jul
25
2008
Ruling
Proceeding against debtor contractor's sureties and attorneys for acting in self-interest under indemnity agreement remanded to state court.
Procedural posture
One plaintiff and one defendant (objecting parties) filed motions to abstain and to remand to state court the captioned adversary proceeding, which had been removed to the bankruptcy court pursuant to 28 U.S.C.S. § 1452(a). The basis of the complaint was that defendants, sureties and attorneys, rather than acting on the behalf of the plaintiffs, the debtor and its affiliates under an indemnity agreement, acted in their own self-interest.
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Court
:
- 28 U.S.C.
Anderson v. Cain
Jul
24
2008
Ruling
State law case that would determine value of 97 percent of claims against the estate remanded.
Procedural posture
Plaintiffs filed an action against defendants in state court alleging that defendants conspired to misappropriate funds that were intended for the sale of plaintiffs' property and that as a result of defendants' conduct the sale did not go forward and plaintiffs lost the benefit of the sale. Defendant debtors removed the matter to the court, and plaintiffs filed a motion for abstention or to remand the matter to state court.
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Court
:
- 28 U.S.C.
Strong v. Western United Life Assurance Co. (In re Tri-Valley Distrib.)
Jul
15
2008
Ruling
Order that did not fully resolve adversary proceeding was not a final appealable order.
Procedural posture
Plaintiff debtors and unsecured creditors sued defendant company, alleging, inter alia, fraudulent transfer and negligent lending stemming from a loan to a creditor. The United States Bankruptcy Appellate Panel for the Tenth Circuit affirmed a bankruptcy court's order denying the company's motion to dismiss as to claims related to a transferred property, but dismissing all other claims. The parties cross-appealed and moved to dismiss the appeals.
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Court
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Judge or Jurisdiction information not available
- 28 U.S.C.
Booker v. Booker
Jun
23
2008
Ruling
Bankruptcy court abstained from dispute between debtor and creditor where debtor's case had been dismissed.
Procedural posture
Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that their debts were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6). The creditors also alleged claims under state law. The creditors moved for summary judgment.
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Court
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