- 28 U.S.C.
In re FairPoint Communs. Inc.
Jan
04
2012
Ruling
Bankruptcy court abstained from estimate of city's tax claim on reconsideration.
Procedural posture
Chapter 11 debtors filed a motion to estimate the maximum allowed proofs of claim pursuant to 11 U.S.C.S. § 105(a) and § 502(c) with regard to two creditors. The court entered an order that, inter alia, estimated one of the creditor's claim only in the unsecured amount of $1,062. That creditor later filed a motion to reconsider the court's order pursuant to 11 U.S.C.S. § 502(j).
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Court
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- 28 U.S.C.
Ghannam v. Standish (In re Protan)
Sep
30
2011
Ruling
Mandatory abstention did not apply to property damage dispute between debtor and former spouse pending before family court.
Procedural posture
Trustee filed an adversary proceeding in the U. S. Bankruptcy Court for the Southern District of West Virginia, Charleston Division, against defendant creditors, seeking avoidance of a property transfer and repayment of a loan made by a chapter 7 debtor to one of the creditors. The bankruptcy court invalidated a prenuptial agreement and entered judgment in favor of the trustee. The creditors appealed.
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Court
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Winnecour v. Taylor (In re Taylor)
Feb
18
2011
Ruling
Court declined to abstain from hearing core proceeding to prevent transfer of assets.
Procedural posture
Plaintiff Trustee's adversary proceeding sought injunctive relief to prevent transfers of assets that were alleged to be property of the estate, pending the Trustee's further investigation. Movants, two defendants in the case, filed a Motion to Abstain.
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Abraham Petroleum Corp. v. Hassan & Sons Corp. (In re Abraham Petroleum Corp.)
Feb
02
2011
Ruling
Bankruptcy court abstained from hearing state law dispute between debtor and lessee as non- core.
Procedural posture
Chapter 11 debtor filed a complaint against defendant lessee for recovery of property, eviction, breach of contract, collection of money, and damages. The lessee filed a motion to dismiss, alleging that it filed a state court action against the debtor based on the same allegations as the ones raised in the adversary proceeding and thus, the court should abstain pursuant to 28 U.S.C.S. § 1334(c).
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Court
:
- 28 U.S.C.
SJI Inc. v. Staehnke (In re SJI Inc.)
Dec
29
2010
Ruling
Bankruptcy court declined to abstain from hearing fact driven contract claim based on well settled law.
Procedural posture
Defendants filed a claim for $86,221, arising from remodeling by plaintiff debtor. Debtor objected and counterclaimed for breach of contract in the amount of $146,000, for additional unpaid materials and labor provided and performed. The counterclaim also alleged debtor was owed $248,465, based upon quantum meruit, plus interest, costs, disbursements, and fees. Defendants sought abstention by the court in liquidating the claim and counterclaim.
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Court
:
- 28 U.S.C.
Hernandez v. LaSalle Bank (In re Hernandez)
Dec
14
2010
Ruling
Bankruptcy court abstained from hearing pro se debtor's challenge to trustee's foreclosure.
Procedural posture
Pro se bankruptcy debtors brought an adversary proceeding against defendant trustee of a mortgage loan trust alleging that the trustee was not the proper holder of the debtor's mortgage note or assignee of the mortgage, and fraudulently obtained a judgment of foreclosure against the debtors' real property in state court. The trustee moved for summary judgment.
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Court
:
- 28 U.S.C.
Archangel Diamond Corp. v. OAO Lukoil (In re Archangel Diamond Corp.)
Oct
28
2010
Ruling
Discretionary abstention exercised with regard to debtor's RICO action against Russian company.
Procedural posture
Debtor, a Canadian company, filed an action in the Denver District Court (Colorado) in 2001, alleging, inter alia, that defendant, a Russian company, breached a contract the parties entered for the purpose of mining diamonds. The case was moved to federal district court and referred to the bankruptcy court after the debtor was forced into bankruptcy, and the Russian company filed a motion for abstention and remand to the state court.
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Court
:
- 28 U.S.C.
DHP Holdings II Corp. v. Peter Skop Indus. Inc . (In re DHP Holdings II Corp.)
Aug
13
2010
Ruling
Bankruptcy court abstained from adversary proceeding concerning primarily state law that would not significantly affect administration of the estate.
Procedural posture
Plaintiff chapter 11 debtors filed an adversary proceeding against defendant buyer, alleging breach of contract and seeking an order under 11 U.S.C.S. § 542 which required the buyer to turn over property it held, and an order under 11 U.S.C.S. § 502(d) that disallowed any claims the buyer filed. The buyer asked the court to abstain from hearing the case.
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Court
:
- 28 U.S.C.
Bickerton v. Bozel S.A. (In re Bozel S.A.)
Jul
20
2010
Ruling
Bankruptcy court declined to abstain from adversary proceeding brought by liquidation trustee in foreign insolvency proceeding.
Procedural posture
Plaintiff liquidator in foreign proceedings of a bankruptcy debtor's sole shareholder brought an adversary proceeding against defendants, the debtor and its managing director, seeking a determination that the liquidator had sole authority to govern the affairs of the shareholder and remove the director. The debtor moved for permissive abstention under 28 U.S.C.S. § 1334(c)(1) in favor of foreign proceedings initiated by the director.
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Court
:
- 28 U.S.C.
Rafool v. Evans (In re Central Ill. Energy LLC)
Jun
16
2010
Ruling
Bankruptcy court decided to abstain from hearing legal malpractice case based allegedly erroneous bankruptcy filing advice.
Procedural posture
Plaintiff chapter 7 Trustee brought a malpractice complaint against defendants, an attorney and a law firm. The matter was before the court on a Motion to Abstain filed by defendants. Defendants asked the court to exercise its right of permissive abstention under 28 U.S.C.S. § 1334(c)(1). The Trustee opposed the motion.
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