- 28 U.S.C.
Clignett, In re
Feb
07
2017
Ruling
Debtor's motion to dismiss the involuntary petition granted as creditor failed to disclose the transfer of the claim. (Bankr. C.D. Cal.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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:
- 28 U.S.C.
Petroleum Prods. & Servs. v. McClinton Energy Grp., LLC (In re Petroleum Prods. & Servs.)
Oct
25
2016
Ruling
Remove state court lawsuit over equipment purchase remanded pursuant to mandatoryabstention. (Bankr. S.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 28 U.S.C.
Black Diamond Commer. Fin., LLC v. Va. Conservation Legacy Fund, Inc. (In re Patriot Coal Corp.)
Sep
23
2016
Ruling
Abstention from hearing adversary proceeding between non-debtors denied where outcomewould have a material affect on administration. (Bankr. W.D. Va.)
Issue(s)
Should the bankruptcy court abstain from hearing, and remand, dispute between non-debtors?
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:
- 28 U.S.C.
Horowitz v. Sulla (In re Horowitz)
Jul
08
2016
Ruling
Bankruptcy court abstained from hearing debtor’s non-core, non-bankruptcy law claims.
Issue(s)
Should the bankruptcy court abstain from hearing debtor’s state law real estate proceeding?
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:
- 28 U.S.C.
Crespo v. Abijah Tafari Immanuel (In re Crespo)
May
18
2016
Ruling
Bankruptcy court had jurisdiction over proceeding to set aside prepetition tax sale.
Issue(s)
Did the bankruptcy court have jurisdiction over debtor's proceeding to avoid the pre-petition tax upset sale of his property?
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:
- 28 U.S.C.
Hinijosa Engg Inc. v. Lopez (In re Treyson Dev. Inc.)
Apr
19
2016
Ruling
Removed action against debtor's principal involved only state law issues and was subject to mandatory abstention.
Issue(s)
Whether proceeding against debtor's principal should be remanded back to state court?
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:
- 28 U.S.C.
Gedeon v. Ballet Acad. of Pittsburgh Inc. (In re Piper)
Mar
29
2016
Ruling
Bankruptcy court abstained from hearing removed state court action in which state law issues predominated.
Issue(s)
Should removed state law case for fraud, defamation, and misappropriation of a trade secret be remanded to state court?
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:
- 28 U.S.C.
Turner Grain Merch. Inc. v. Ltd Farms Pship (In re Turner Grain Merch. Inc.)
Jan
19
2016
Ruling
Permissive abstention appropriate for claims against non-debtor parties in which state law issues predominated.
Issue(s)
Whether the court should sever, abstain from hearing, and remand certain claims in an action removed from state court?
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:
- 28 U.S.C.
Bennett v. Morton Bldgs. Inc. (In re Bennett)
Dec
07
2015
Ruling
Bankruptcy court did not abstain from hearing nondischargeability counterclaims in which bankruptcy issues predominated.
Issue(s)
Should bankruptcy court abstain from hearing creditor's nondischargeability counterclaims to debtor's proceeding claiming violation of the discharge injunction while creditor's state law claims against debtor were pending in state court?
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Laddusire v. Auto-Owners Ins. Co. (In re Laddusire)
Nov
19
2015
Ruling
Bankruptcy court abstained from hearing removed state court proceeding that was non-core and would have little effect on administration.
Issue(s)
Was state court tort action that was removed to bankruptcy court subject to mandatory or permissive abstention?
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: