Taub v. Hershkowitz (In re Taub)
Sep
21
2009
Ruling
Bankruptcy court abstained from non-core eviction action against debtor's tenants.
Procedural posture
Plaintiff bankruptcy debtor-in-possession, a landlord of an apartment building, brought an adversary proceeding against defendant tenants seeking unpaid rent or eviction of the tenants, and the tenants counterclaimed for remediation of hazardous and deplorable conditions of the building. The tenants moved for abstention under 28 U.S.C.S. § 1334(c) in favor of resolution in the New York City Housing Court.
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Court
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