Plaintiff, a chapter 7 trustee for a debtor automobile dealership, brought the instant the civil action against defendant automobile manufacturer and alleged violations of the Georgia Motor Vehicle Dealer's Day in Court Act, the Automobile Dealer's Day in Court Act, the Uniform Deceptive Trade Practices Act, as well as breach of oral agreement, fraud in the inducement, among other things. The trustee moved to remand to state court.

Defendant corporation initiated bankruptcy proceedings. Plaintiff stockholder purchased 1,000 shares of the corporation's stock. A bankruptcy court confirmed the corporation's joint plan of reorganization, which provided that all existing common stock in the corporation was cancelled. The stockholder brought an action in a state court alleging fraud under state law. The corporation removed the case to the court. The stockholder moved to remand.