- 11 U.S.C.
HRV Santa Fe, LLC v. Wolf
Jun
04
2024
Ruling
Mandatory abstention not warranted as state court lacks jurisdiction over bankruptcy matters.(Bankr. D.N.M.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Trask, In re--Trask v. Greenville Fed.
Jul
31
2018
Ruling
Motion to stay proceedings granted to permit the underlying issues to be litigated in the statecourt. (Bankr. S.D. Ohio)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 11 U.S.C.
Ridgeway, In re
Jul
27
2018
Ruling
Court allowed companies' recovery on a single, nonpriority, prepetition unsecured claim.(Bankr. E.D. La.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 11 U.S.C.
Topfer, In re--Topfer v. Topfer
Jul
25
2018
Ruling
Limited relief from the automatic stay was granted to debtor's wife where court permissivelyabstained from hearing the divorce action and remanded the matter to the state court to allowit to determine matrimonial issues. (Bankr. M.D. Pa.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 11 U.S.C.
G-I Holdings, Inc.,In re
Jan
26
2018
Ruling
Permissive abstention was appropriate in an injunction motion as the debtor had raised theissue as a defense in state court. (Bankr. D.N.J.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 11 U.S.C.
G-I Holdings, Inc.,In re
Jan
26
2018
Ruling
Permissive abstention was appropriate in an injunction motion as the debtor had raised theissue as a defense in state court. (Bankr. D.N.J.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 11 U.S.C.
In re W.R. Grace & Co.
Dec
28
2016
Ruling
Creditor not entitled to alllowance of a proof of claim as seven years has already passed sincethe bar date. (Bankr. D. Del.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
- 11 U.S.C.
Ashland Inc. v. G-I Holdings Inc. (In re G-I Holdings, Inc.)
Dec
21
2016
Ruling
Mandatory abstention required as action could be timely adjudicated in state court. (Bankr.D.N.J.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
( Judge Gambaradella ) [ Bankruptcy Court ]
Brown v. Kondaur Capital Corp. (In re Brown)
Mar
14
2013
Ruling
Bankruptcy court lacked jurisdiction over postdischarge proceeding to determine validity of lien on abandoned property.
Procedural posture
In this adversary action, chapter 7 debtor and his non-filing spouse asked the court to find that none of the defendants held a valid lien against their real property. Defendant, the current holder of the mortgage, requested that the court abstain under 28 U.S.C.S. § 1334(c), dismiss.
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Court
:
- 11 U.S.C.
Stoe v. Flaherty
Jan
23
2006
Ruling
Court ruled that mandatory abstention applied to cases removed to federal court including the case of a former officer for unpaid severance benefits since the case was related to but did not arise in a bankruptcy case, did not arise under the Code, and was started in state court.
Procedural posture
Plaintiff former officer sought review of a decision of the district court, which denied the officer's motion for mandatory abstention under 28 U.S.C. § 1334 after defendants, current and former officers of the officer's former employer, removed the officer's action for unpaid severance benefits to federal court. Defendants were also ultimately successful on the merits of the case.
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