- 28 U.S.C.
Schoenmann, In re--Schoenmann v. Schoenmann
Sep
03
2025
Ruling
Bankruptcy court abstained from claims relating to probate court invalidation of debtor’s post-marital agreement with deceased spouse. (Bankr. N.D. Cal.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
ABI Membership is required to access the full summary of Schoenmann, In re--Schoenmann v. Schoenmann Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
MedEx, LLC, In re--MedEx, LLC v. RedMed, LLC
Jul
03
2025
Ruling
Court referred debtor’s turnover claims to state court due to non-core dispute over property rights. (Bankr. N.D. Miss.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
ABI Membership is required to access the full summary of MedEx, LLC, In re--MedEx, LLC v. RedMed, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Apple Central KC, LLC, In re--Apple Central KC, LLC v. Applebee's Franchisor, LLC
Jun
30
2025
Ruling
Bankruptcy court declined to abstain from hearing franchise dispute, citing efficiency and consistency in resolving core bankruptcy claims. (Bankr. D. Kan.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
ABI Membership is required to access the full summary of Apple Central KC, LLC, In re--Apple Central KC, LLC v. Applebee's Franchisor, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
SCS Logistics, In re
Jun
18
2025
Ruling
Court denied abstention and stay relief as overlapping state law issues were core to bankruptcy and risked duplicative litigation. (Bankr. S.D. Ohio) FACTS: 1. Roy Fernandez and Brian Peters had a dispute over the ownership and operation of SCS Logistics, Inc. (SCS-California)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
ABI Membership is required to access the full summary of SCS Logistics, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Ivankovich Family LLC, In re--Ivankovich v. Ivankovich
Feb
26
2025
Ruling
Abstention from proceeding regarding ownership of debtors’ marital property was appropriate as the issues were governed by state law and had been pending for years in state divorce proceeding. (Bankr. S.D. Fla.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
ABI Membership is required to access the full summary of Ivankovich Family LLC, In re--Ivankovich v. Ivankovich Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Fasciglione, In re--NY Tower Cap. LLC v. Fasciglione
Dec
20
2024
Ruling
Court abstained from hearing lender’s adversary proceeding seeking declaratory judgment in favor of resolution in related state court action. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
ABI Membership is required to access the full summary of Fasciglione, In re--NY Tower Cap. LLC v. Fasciglione Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Orion HealthCorp, Inc., In re--Ehrenberg v. United States
Dec
06
2024
Ruling
Abstention from determination of tax law issues would have no effect on efficient administration of the estate. (Bankr. E.D N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
ABI Membership is required to access the full summary of Orion HealthCorp, Inc., In re--Ehrenberg v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Ottoman, In re
Nov
08
2024
Ruling
Mandatory abstention did not apply to a real property dispute involving cable installation and maintenance under alleged public rights-of-way as the removed state court lawsuit did not implicate claim allowance and was not a core proceeding. (Bankr. E.D. Mich.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
ABI Membership is required to access the full summary of Ottoman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Ebury St. Cap., LLC, In re--Emigrant Bus. Credit Corp. v. Hanratty
Nov
01
2024
Ruling
Mandatory abstention was required as the removed state court action was a non-core proceeding, not arising under Title 11 or arising in a bankruptcy case, as the claims were based on state law and existed independently before the bankruptcy filing. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
ABI Membership is required to access the full summary of Ebury St. Cap., LLC, In re--Emigrant Bus. Credit Corp. v. Hanratty Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Turner, In re--Turner v. NewRez LLC
Aug
28
2024
Ruling
Court abstained from exercising jurisdiction in an adversary proceeding challenging proofs of claim filed by a foreclosing creditor that were centered around state law issues. (Bankr. D.S.C.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
ABI Membership is required to access the full summary of Turner, In re--Turner v. NewRez LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: