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Sterling State Bank v. Mittelstaedt

Sterling State Bank v. Mittelstaedt

Ruling
Withdrawal of reference not appropriate where adversary proceeding required only routine consideration of RICO.
Procedural posture

Before the court were plaintiff creditor's motions to withdraw reference of two cases. The motions originated from separate adversary actions currently before the bankruptcy court. The adversary cases were filed by the creditor against defendants, chapter 7 debtors, under 11 U.S.C. § 523(a), alleging that each debtor had nondischargeable debt arising from allegedly fraudulent acts.

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opinion summary, case decided on December 21, 2006 , LexisNexis #0207-034