Gregs Ballroom v. Showalter (In re Villarreal)
Mar
14
2008
Ruling
Wrongful foreclosure action converted to avoidance proceeding on removal was core and not subject to mandatory abstention.
Procedural posture
Defendant creditor filed a motion to remand Plaintiff chapter 13 debtors'removed action, which alleged wrongful foreclosure, sought avoidance of the foreclosure sale under 11 U.S.C.S. § 547 and § 548, and requested that the court issue a declaratory judgment declaring the property at issue as their homestead. The motion was based on principles of abstention pursuant to 28 U.S.C.S. § 1334(c).
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Court
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