Ortiz v. Aurora Health Care Inc. (In re Ortiz)
Jan
05
2010
Ruling
Court refused to abstain from dispute over alleged confidential medical records attached to proof of claim.
Procedural posture
Plaintiff debtors alleged that defendant creditor attached invoices containing confidential medical records to its proofs of claim, asserting that the creditor exceeded the extent needed for billing, collection, and payment of the claims under Wis. Stat. § 146.82. The debtors moved for abstention, arguing that, since the only remaining claim was grounded in unsettled state law, the issue should be determined in a state court.
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Court
:
- 28 U.S.C.
Fortune Bank v. Stocker Constr. Co. (In re Stocker Constr. Co.)
Dec
11
2009
Ruling
Abstention denied where diversity jurisdiction existed and core matters were involved.
Procedural posture
Creditor filed a motion for mandatory abstention pursuant to 28 U.S.C.S. § 1334(c)(2) or in the alternative, permissive abstention pursuant to § 1334(c)(1). Respondent, another creditor, objected to the motion.
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Court
:
- 28 U.S.C.
Barbaro v. Wider (In re Wider)
Nov
30
2009
Ruling
Bankruptcy court abstained from hearing adversary proceeding concerning state court actions involving state law.
Procedural posture
Plaintiff creditors filed a complaint against defendant chapter 7 debtor objecting to the dischargeability of certain alleged debts under 11 U.S.C.S. § 523(a). The creditors also sought to block the debtor's discharge pursuant to 11 U.S.C.S. § 727. The court issued an order to show cause why it should not abstain under 28 U.S.C.S. § 1334 from hearing the adversary as to the claims under 11 U.S.C.S. § 523(a).
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Court
:
- 28 U.S.C.
Stabler v. Beyers (In re Stabler)
Nov
30
2009
Ruling
Bankruptcy court properly abstained from determining if debts owed creditors were postpetition and not subject to discharge injunction.
Procedural posture
Plaintiff debtors sought review of an order of the bankruptcy court for the District of South Dakota, which granted the motion of defendant assignee to dismiss the debtors' adversary proceeding based on the application of collateral judgment to a prior state court judgment and on a determination that permissive abstention was warranted under 28 U.S.C.S. § 1334(c)(1).
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Rayonier Wood Prods. LLC v. ScanWare Inc.
Nov
30
2009
Ruling
Bankruptcy court properly remanded breach of contract action.
Procedural posture
Appellee wood product company sought damages for breach of contract against appellees, debtor and one of its minority owners, in state court. Debtor subsequently petitioned for bankruptcy in Oregon, the owner then removed the state court action to bankruptcy court in Georgia, and the company moved that court to remand and/or abstain. The Georgia bankruptcy court granted the company's motion and the owner appealed that decision.
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Court
:
Hayim v. Goetz (In re SOL LLC)
Oct
26
2009
Ruling
Estate's claim for possible real estate commission from escrowed funds held by third party remanded as an issue more properly litigated in state court.
Procedural posture
Plaintiff, the plaintiff in a state court action seeking the return of escrowed funds for violation of disclosure duties under Fla. Stat. § 475.278, moved to strike the trustee's notice of removal, or for abstention, pursuant to 28 U.S.C.S. § 1334(c)(1) and (2), or remand. The trustee sought to remove the plaintiff's action to the bankruptcy court, asserting the debtor had a possible claim to a commission from the funds.
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Court
:
Taub v. Hershkowitz (In re Taub)
Sep
21
2009
Ruling
Bankruptcy court abstained from non-core eviction action against debtor's tenants.
Procedural posture
Plaintiff bankruptcy debtor-in-possession, a landlord of an apartment building, brought an adversary proceeding against defendant tenants seeking unpaid rent or eviction of the tenants, and the tenants counterclaimed for remediation of hazardous and deplorable conditions of the building. The tenants moved for abstention under 28 U.S.C.S. § 1334(c) in favor of resolution in the New York City Housing Court.
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Court
:
- 28 U.S.C.
Beechgrove Redevelopment Phase II LLC v. Wilson
Sep
10
2009
Ruling
Court abstained from determination of state personal injury claim.
Procedural posture
Before the court were plaintiff company's moved motion for withdrawal of reference of an adversary proceeding and defendant motion for abstention. The case implicated 11 U.S.C.S. § 524 and 28 U.S.C.S. § 1334(c)(1).
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Court
:
Premier Pipe LLC v. J.D. Fields & Co. (In re Hallwood Energy LP)
Aug
24
2009
Ruling
Dispute between debtor, supplier and LLC over damage from improper oil pipe couplings involving state law and parties from same state was subject to mandatory abstention.
Procedural posture
Plaintiff LLC filed an action against defendant supplier in the 189th Civil District Court in Harris County, Texas, seeking a judgment declaring that it was not liable to an energy company and a partnership (debtors) for damage that occurred to an oil well. The LLC removed the case to the bankruptcy court after the debtors declared Chapter 11 bankruptcy, and the supplier filed a motion to remand the case to state court.
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Court
:
- 28 U.S.C.
Hill v. Day (In re Todays Destiny Inc.)
May
01
2009
Ruling
Court exercised permissive abstention with regard to state law claims by debtor's customers against entity that loaned them money.
Procedural posture
Plaintiff filed an action against defendants, a corporate debtor's principals and financial institutions (lenders) that loaned money to intervenors, customers who purchased predictive dialing equipment from the debtor, alleging that the principals breached their fiduciary duties, denuded the corporation, and defrauded customers. Defendants filed motions to dismiss the customers'claims.
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Court
: