- 28 U.S.C.
Turner Grain Merch. Inc. v. Ltd Farms Pship (In re Turner Grain Merch. Inc.)
Jan
19
2016
Ruling
Permissive abstention appropriate for claims against non-debtor parties in which state law issues predominated.
Issue(s)
Whether the court should sever, abstain from hearing, and remand certain claims in an action removed from state court?
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Court
:
- 28 U.S.C.
Bennett v. Morton Bldgs. Inc. (In re Bennett)
Dec
07
2015
Ruling
Bankruptcy court did not abstain from hearing nondischargeability counterclaims in which bankruptcy issues predominated.
Issue(s)
Should bankruptcy court abstain from hearing creditor's nondischargeability counterclaims to debtor's proceeding claiming violation of the discharge injunction while creditor's state law claims against debtor were pending in state court?
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Court
:
Laddusire v. Auto-Owners Ins. Co. (In re Laddusire)
Nov
19
2015
Ruling
Bankruptcy court abstained from hearing removed state court proceeding that was non-core and would have little effect on administration.
Issue(s)
Was state court tort action that was removed to bankruptcy court subject to mandatory or permissive abstention?
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Court
:
Loos v. Koperski (In re Koperski)
Nov
05
2015
Ruling
Bankruptcy court exercised discretionary abstention with regard to state law defamation claims brought by debtor's former spouse.
Issue(s)
Should the bankruptcy court abstain from hearing and determining debtor's former spouse's defamation claims?
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Court
:
- 28 U.S.C.
OptimumBank v. Buena Vista Oceanside LLC (In re Buena Vista Oceanside LLC)
Sep
22
2015
Ruling
Bankruptcy court lacked jurisdiction to adjudicate a motion to enforce a stipulation.
Issue(s)
Did the bankruptcy court have jurisdiction to enforce a previously entered confirmation order and stipulation to compel debtor to dismiss counterclaims filed in separate litigation?
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Court
:
- 28 U.S.C.
Giese v. Cmty. Trust Bank (In re HNRC Dissolution Co.)
Sep
09
2015
Ruling
State law dispute over ownership of funds arose in bankruptcy case and did not warrant mandatory abstention.
Issue(s)
Should bankruptcy court exercise mandatory abstention with regard to an action seeking an adjudication of title to funds that the court had already adjudicated at least once, if not twice?
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Court
:
Firefighters Ret. Sys. v. Citco Grp. Ltd.
Aug
06
2015
Ruling
District court could not permissively abstain from exercising jurisdiction in a case that was related to chapter 15 bankruptcies
Issue(s)
Could district court permissively abstain from exercising jurisdiction in proceedings related to chapter 15 cases?
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Court
:
Judge or Jurisdiction information not available
Reichardt v. Valley Health Sys. Ret. Plan (In re Valley Health Sys.)
Jul
24
2015
Ruling
Abstention and remand of beneficiaries' claims against the administrator of debtor's retirement plan not warranted.
Issue(s)
Should bankruptcy court abstain from hearing beneficiaries' claims against administrator of debtor's retirement plan?
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Court
:
- 28 U.S.C.
Ruddick v. Read (In re Read)
Jul
10
2015
Ruling
Bankruptcy abstained from hearing state law dispute over property settlement agreement between debtor and former spouse.
Issue(s)
Was debt owed pursuant to property settlement agreement between debtor and former spouse and currently disputed by debtor nondischargeable?
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Court
:
- 28 U.S.C.
Holt v. Carlson (In re Carlson)
Jun
30
2015
Ruling
Bankruptcy court exercised permissive abstention with regard to dispute over home repairs.
Issue(s)
Should the bankruptcy court abstain from hearing state law dispute over repairs on debtor's fire- damaged residence?
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Court
: