Hayim v. Goetz (In re SOL LLC)
Oct
26
2009
Ruling
Estate's claim for possible real estate commission from escrowed funds held by third party remanded as an issue more properly litigated in state court.
Procedural posture
Plaintiff, the plaintiff in a state court action seeking the return of escrowed funds for violation of disclosure duties under Fla. Stat. § 475.278, moved to strike the trustee's notice of removal, or for abstention, pursuant to 28 U.S.C.S. § 1334(c)(1) and (2), or remand. The trustee sought to remove the plaintiff's action to the bankruptcy court, asserting the debtor had a possible claim to a commission from the funds.
ABI Membership is required to access the full summary of Hayim v. Goetz (In re SOL LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: