- 28 U.S.C.
Phoenix Energy Servs. V. Phoenix Envtl. LLC (In re Phoenix Envtl. LLC)
Jan
31
2012
Ruling
Bankruptcy court abstained from hearing adversary proceeding that was related to bankruptcy but noncore as not arising under or in chapter 11 case.
Procedural posture
After creditor filed state law causes of action against defendant debtor, a writ of replevin was issued as to the debtor's property. Before the state judge ruled on a motion to dismiss the writ, the debtor filed its chapter petition and filed a notice of removal. The creditor filed a motion for remand or abstention.
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Court
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