- 28 U.S.C.
Bbeautiful, In re--BBeautiful v. Rieke-Arminak Corp.
Mar
08
2017
Ruling
Court declined to abstain from hearing the action as the declaratory relief sought would assist debtor in consummating a plan of reorganization. (Bankr. C.D. Cal.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
Sweports, Ltd., In re
Feb
28
2017
Ruling
Court lacked subject matter jurisdiction to enforce fee award where the 7th Circuit said in itsopinion reversing the denial of creditor and financial consultant's applications that the court'sjurisdiction did not extend to enforcement of an award. (Bankr. N.D. Ill.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
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Court
:
- 28 U.S.C.
Fifth Third Bank v. Circulatory Ctrs. of Am., LLC
Feb
07
2017
Ruling
Court abstained with respect to a removed state court action against debtor and other defendants as claims asserted in the action did not constitute core proceedings. (Bankr. W.D. Pa.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
- 28 U.S.C.
Clignett, In re
Feb
07
2017
Ruling
Debtor's motion to dismiss the involuntary petition granted as creditor failed to disclose the transfer of the claim. (Bankr. C.D. Cal.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
- 28 U.S.C.
Petroleum Prods. & Servs. v. McClinton Energy Grp., LLC (In re Petroleum Prods. & Servs.)
Oct
25
2016
Ruling
Remove state court lawsuit over equipment purchase remanded pursuant to mandatoryabstention. (Bankr. S.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 28 U.S.C.
Black Diamond Commer. Fin., LLC v. Va. Conservation Legacy Fund, Inc. (In re Patriot Coal Corp.)
Sep
23
2016
Ruling
Abstention from hearing adversary proceeding between non-debtors denied where outcomewould have a material affect on administration. (Bankr. W.D. Va.)
Issue(s)
Should the bankruptcy court abstain from hearing, and remand, dispute between non-debtors?
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Court
:
- 28 U.S.C.
Horowitz v. Sulla (In re Horowitz)
Jul
08
2016
Ruling
Bankruptcy court abstained from hearing debtor’s non-core, non-bankruptcy law claims.
Issue(s)
Should the bankruptcy court abstain from hearing debtor’s state law real estate proceeding?
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Court
:
- 28 U.S.C.
Crespo v. Abijah Tafari Immanuel (In re Crespo)
May
18
2016
Ruling
Bankruptcy court had jurisdiction over proceeding to set aside prepetition tax sale.
Issue(s)
Did the bankruptcy court have jurisdiction over debtor's proceeding to avoid the pre-petition tax upset sale of his property?
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Court
:
- 28 U.S.C.
Hinijosa Engg Inc. v. Lopez (In re Treyson Dev. Inc.)
Apr
19
2016
Ruling
Removed action against debtor's principal involved only state law issues and was subject to mandatory abstention.
Issue(s)
Whether proceeding against debtor's principal should be remanded back to state court?
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Court
:
- 28 U.S.C.
Gedeon v. Ballet Acad. of Pittsburgh Inc. (In re Piper)
Mar
29
2016
Ruling
Bankruptcy court abstained from hearing removed state court action in which state law issues predominated.
Issue(s)
Should removed state law case for fraud, defamation, and misappropriation of a trade secret be remanded to state court?
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Court
: