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§ 1334

Gregory v. Lyman (In re Gregory Rock House Ranch LLC)

Mar
15
2006
Ruling
Remand was proper since elements of mandatory abstention were met.
Procedural posture

Plaintiff family members and their chapter 11 debtor ranch removed an action pending before the Fifth Judicial District Court, State of New Mexico, County of Dona Ana, against defendant alleged water rights converters and defendant state engineer. The alleged converters filed a motion to remand under 28 U.S.C. § 1452(b).

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opinion summary, case decided on March 15, 2006 , LexisNexis #0706-070
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In re Thermoview Indus.

Mar
14
2006
Ruling
Court abstained from hearing the proceeding since state law issues predominated over bankruptcy issues and the administration of the estate was nearly complete.
Procedural posture

Plaintiff, a guarantor on a loan made to defendant debtor, filed suit in state court seeking reimbursement and/or indemnity from the debtor. The debtor removed the action to the bankruptcy court. The guarantor moved for remand to state court.

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opinion summary, case decided on March 14, 2006 , LexisNexis #0406-031
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River Valley Counrty Day Sch. v. Evarts (In re Evarts)

Mar
14
2006
Ruling
Court ruled that it had "related to" jurisdiction and that remanding the proceeding to state court was proper.
Procedural posture

Plaintiff creditor filed an action in state court against defendants, debtors, alleging conversion, breach of fiduciary duty, unfair or deceptive act or practice under N.H. Rev. Stat. Ann. § 358-A, and willful and wanton conduct. The debtors removed the case to the bankruptcy court. The creditor filed a motion seeking remand.

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opinion summary, case decided on March 14, 2006 , LexisNexis #0406-030
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D.E. Frey Group Inc. v. FAS Holdings Inc. (In re D.E. Frey Group Inc.)

Feb
01
2006
Ruling
Claimant's motion for dismissal or abstension was denied since the claimant's filing of a proof of claim and the obvious efficiencies of having the court adjudicate the debtor's related counterclaims weighed heavily against the court exercising its discre
Procedural posture

Plaintiff debtor filed an adversary proceeding against defendant claimant, a party which filed a proof of claim. Debtor asserted eight claims for relief — breach of agreement, breach of implied covenants, interference with prospective economic advantage, fraud, breach of fiduciary duty, conversion, turnover, and determination of validity, priority and extent of liens. Pending was the claimant's motion to dismiss or abstain.

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opinion summary, case decided on February 01, 2006 , LexisNexis #0306-068
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Gilbane Bldg. Co. v. Air Sys. (In re Encompass Servs. Corp.)

Jan
26
2006
Ruling
Court ruled that it did not have jurisdiction over an action involving the assigment of a subcontract since the subcontract was created independent of the bankruptcy and did not impact postconfirmation distributions to creditors.
Procedural posture

After the debtors' chapter 11 plan was confirmed, plaintiff contractor brought an adversary proceeding against defendant purchaser, seeking a declaration that the debtors'assignment of a subcontract to the purchaser was invalid and remained in the estate, and seeking an injunction against the purchaser from further prosecuting the subcontract in state court. The parties cross- moved for summary judgment; the purchaser moved for abstention.

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opinion summary, case decided on January 26, 2006 , LexisNexis #0306-104
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Osting v. Blockberger (In re Osting)

Nov
07
2005
Ruling
Court abstained from hearing the debtor's transfer avoidance action since the action was directed at undoing the domestic relations court's decision for the ex-spouse.
Procedural posture

Plaintiff debtor commenced an adversary proceeding seeking to avoid, as a preferential transfer under 11 U.S.C. § 547 and as a fraudulent transfer under 11 U.S.C. § 548, a judgment lien and subsequent transfer of property accomplished for the benefit of defendants, his ex-spouse, et al. The cause was before the court on the motion of his ex-spouse to dismiss the complaint.

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opinion summary, case decided on November 07, 2005 , LexisNexis #0206-084
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