Stratton v. Garcia
Feb
12
2007
Ruling
Fraudulent transfer proceeding involving consideration of state as well as federal law did not give rise to mandatory withdrawal.
Procedural posture
Debtor filed a chapter 7 bankruptcy and plaintiff trustee was appointed. The trustee sued defendant purchasers who had purchased real property from the debtor, seeking to have the sale avoided as a fraudulent transfer under 11 U.S.C. § 548 and various state law provisions. The purchasers filed a motion to withdraw the adversary proceeding from the bankruptcy court to the district court. The trustee did not oppose the motion.
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Court
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