- 28 U.S.C.
McVey v. Johnson (In re SBMC Healthcare LLC)
Sep
18
2014
Ruling
Shareholders' derivative claims dismissed as properly belonging to debtor's estate and direct claims remanded pursuant to permissive abstention.
Issue(s)
Should shareholders' adversary proceeding against debtor's attorneys for malpractice, breach of fiduciary duty, and unfair trade practices based on alleged negligence in advising debtor to file bankruptcy be remanded or dismissed?
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Court
:
- 28 U.S.C.
Callan v. Black Strata LLC (In re Montcrest Energy)
Sep
09
2014
Ruling
Bankruptcy court exercised discretionary abstention from investors' case against former officers, directors and professionals of debtor energy company.
Issue(s)
Should bankruptcy court abstain from hearing from investors' case against former officers, directors and professionals of debtor energy company?
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Court
:
- 28 U.S.C.
Peterson v. Bechard (In re Bechard)
Jul
21
2014
Ruling
Court abstained from hearing removed state court action that was merely tangentially related to debtor's bankruptcy.
Issue(s)
Should removed action exclusively concerning issues of state law, and containing no issues of federal law of any kind, be resolved by the state court in which it was filed?
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Court
:
Parmalat Capital Fin. Ltd. v. Grant Thornton Intl
Jun
25
2014
Ruling
Case related to bankruptcy but arising under state law was subject to mandatory abstention.
Issue(s)
Should district court abstain from hearing a proceeding based upon a state law claim and related to a case under title 11 with respect to which an action could not have been commenced in a court of the United States absent jurisdiction under 28 U.S.C. § 1334(b), if the action can be timely adjudicated in state court?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Ritchie Capital Mgmt. L.L.C. v. Opportunity Fin. L.L.C.
Jun
05
2014
Ruling
Court abstained from hearing investors' non-core action against lenders regarding debtor's Ponzi schemes that was related to debtor's bankruptcy.
Issue(s)
Should court abstain from hearing investors' action against lenders regarding debtor's Ponzi schemes?
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Court
:
- 28 U.S.C.
Kanawyer v. Musholt (In re Musholt)
Jun
03
2014
Ruling
Court abstained from hearing state law claims pursuant to state marital dissolution proceeding.
Issue(s)
Should bankruptcy court abstain from hearing state law issues related to violations of state court orders in debtor's marriage dissolution proceeding?
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Court
:
- 28 U.S.C.
Johnson v. Woodlands Dev. LLC (In re Johnson)
Feb
24
2014
Ruling
Adversary proceeding regarding overpayment of insurance proceeds was a core proceeding.
Issue(s)
Should bankruptcy court abstain from hearing proceeding regarding dispute over ownership of insurance proceeds for damage from Hurricane Katrina?
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Court
:
Milian v. Wells Fargo & Co.
Feb
18
2014
Ruling
Bankruptcy court did not err in abstaining from proceeding solely concerning state foreclosure action.
Issue(s)
Did bankruptcy court properly abstain from hearing state law foreclosure action?
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Court
:
- 28 U.S.C.
Farmers Bank & Trust Co. v. Chickshaw Props. LLC (In re Burrow)
Dec
07
2013
Ruling
Bankruptcy court abstained from and remanded proceeding for determination of priority of mortgages on property owned by debtor's LLC.
Issue(s)
Should bankruptcy court abstain from hearing proceeding for determination of priority of mortgages on property owned by debtor's LLC?
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Court
:
In re Dynergy Inc.
Feb
15
2013
Ruling
Bankruptcy court abstained from determining if complaint in securities litigation included claim released in chapter 11 plan.
Procedural posture
A chapter 11 debtor filed a motion to enforce the court's order confirming a joint chapter 11 plan of reorganization. The debtor alleged that an amended complaint filed by the lead plaintiff in securities litigation pending in federal district court violated a paragraph of the confirmation order.
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Court
: