- 28 U.S.C.
Podkolzin v. Amboy Bus. Co.
Mar
13
2009
Ruling
Personal injury action that was removed to district court for district where injury occurred transferred back to bankruptcy court for abstention determination.
Procedural posture
Plaintiffs, a driver and an individual, filed an action against defendants, a bus owner and an operator, to recover damages for personal injuries and loss of services in a state court. The owner filed for chapter 11 protection. The bankruptcy court for the Southern District of New York permitted the driver to remove the case to the instant court. Plaintiffs filed a notice to remove. Plaintiffs moved to remand the case to the state court.
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Court
:
- 28 U.S.C.
First Natl Bank v. Texas (In re Renaissance Hosp.-Grand Prairie Inc.)
Feb
17
2009
Ruling
Court abstained from hearing adversary proceeding based on state labor laws.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant Texas Workforce Commission (TWC) and debtors, seeking a determination that a transfer the bank made to the debtors from various accounts did not violate the Texas Labor Code. The TWC moved to dismiss the bank's complaint for lack of jurisdiction.
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Court
:
- 28 U.S.C.
Florida Dev. Assocs. v. Knezevich & Assocs. (In re Fla. Dev. Assocs.)
Feb
04
2009
Ruling
Bankruptcy court exercised discretion to abstain from hearing construction contract dispute.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against architects, engineers, and other construction professionals, alleging that they negligently designed and constructed balconies on buildings the debtor erected. The defendants filed motions to dismiss the debtor's action and, alternatively, asked the court to abstain from exercising jurisdiction under 28 U.S.C.S. § 1334.
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Court
:
- 28 U.S.C.
Best Ins. Servs. Inc. v. Wells (In re Wells)
Jan
30
2009
Ruling
Bankruptcy court abstained from state law liability determination.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable. The debt was unliquidated and was the subject of a pending state court proceeding. The debtor filed a counterclaim which was essentially the same as that filed in the state court action. The creditor requested that the court abstain from hearing the counterclaim on the basis that it was founded solely on state law.
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Court
:
- 28 U.S.C.
In re Radetic
Jan
16
2009
Ruling
Bankruptcy court voluntarily abstained from hearing contract dispute related to debtor's bankruptcy.
Procedural posture
Creditor filed a motion for relief from the automatic stay to proceed against the debtor in a state court action filed prepetition. The action arose from a failed real estate contract. The creditor, as listing agent, sought a commission from the debtor. The stay motion in effect called on the bankruptcy court to abstain from determining the breach of contract dispute.
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Court
:
- 28 U.S.C.
Joremi Enters. v. Hershkowitz (In re New 118th LLC)
Nov
13
2008
Ruling
Guarantee dispute remanded pursuant to mandatory abstention once established that the matter would not affect administration.
Procedural posture
Plaintiff investors brought an action in state court against defendants: debtor, three individuals, et al. After that court ordered relief against the affiliated debtors, plaintiffs removed the action to district court which referred it to the instant court. Plaintiffs assigned the proceeds of their claims to debtors'estates, and filed an amended complaint, which dropped all defendants other than the individuals, one of which moved to remand.
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Court
:
- 28 U.S.C.
Schwab v. Beneficial Consumer Discount Co. (In re Bowler)
Oct
14
2008
Ruling
Bankruptcy court abstained from hearing trustee's claims regarding secured status of creditor's claim and alleged violations of Truth in Lending Act.
Procedural posture
Defendant lender filed a motion to dismiss plaintiff trustee's adversary complaint to determine that the creditor did not have a secured interest in the debtors'property subject to a mortgage and for damages under the Truth in Lending Act (TILA).
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:
Smith v. McLeskey (In re Bay Vista of Va. Inc.)
Sep
24
2008
Ruling
Bankruptcy court declined to abstain from proceeding for turnover of excess funds received by creditor in foreclosure of debtor's property.
Procedural posture
Defendants, creditors of a chapter 7 debtor, moved pursuant to 28 U.S.C.S. § 1334 for abstention of the complaint filed by plaintiff chapter 7 trustee, which sought a turnover pursuant to 11 U.S.C.S. § 542 of excess funds collected by the creditors on certain notes, alleged a breach of contract, and alleged that the creditors were judicially estopped from collecting an amount in excess of what they represented to a state court was owed them.
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Court
:
- 28 U.S.C.
Estate of Smith v. Columbia Prop. Group
Sep
22
2008
Ruling
Discretionary abstention appropriate for medical malpractice case in which a co-defendant had filed for bankruptcy.
Procedural posture
Plaintiff estate filed the instant wrongful death, medical malpractice action in a state court. One of the defendants removed the action to federal court. The matter was before the court upon the estate's motion for abstention and remand.
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Court
:
- 28 U.S.C.
White Oak Corp. v. American Intl Group Inc. (In re National Eastern Corp.)
Jul
25
2008
Ruling
Proceeding against debtor contractor's sureties and attorneys for acting in self-interest under indemnity agreement remanded to state court.
Procedural posture
One plaintiff and one defendant (objecting parties) filed motions to abstain and to remand to state court the captioned adversary proceeding, which had been removed to the bankruptcy court pursuant to 28 U.S.C.S. § 1452(a). The basis of the complaint was that defendants, sureties and attorneys, rather than acting on the behalf of the plaintiffs, the debtor and its affiliates under an indemnity agreement, acted in their own self-interest.
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Court
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