BKDean Props. LLC v. Royal Bank Am. (In re Croatan Surf Club LLC)
Aug
10
2011
Ruling
Debtor LLC could not remove cases filed by creditor in state court against guarantors of LLC's construction financing.
Procedural posture
Plaintiff bank filed multiple actions in the Court of Common Pleas for Montgomery County, Pennsylvania, seeking order which required defendant guarantors to pay a debt that was owed by an LLC that declared chapter 11 bankruptcy. The LLC removed the cases to the bankruptcy court, pursuant to 28 U.S.C.S. § 1452(a), the bank filed motions to strike the LLC's notices of removal or, in the alternative, to remand the cases to state court.
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Court
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