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In re Radetic

In re Radetic

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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Consumer opinion summary, case decided on January 16, 2009 , LexisNexis #0309-024