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Bruce A. Schultz, et al. v. Raymond E. Schrank II, et al. (In re Schrank), Adv. No. 90-3199, Case No. 91-001036-7 (07/09/1992) -- Judge Thomas S. Utschig

Case Summary:
Abstention is appropriate in what is essentially an action grounded on various state law fraud claims.  Factors supporting abstention in this matter are: 1) the effect or lack thereof on the efficient administration of the estate; 2) the extent to which state law issues predominate over bankruptcy issues; 3) the difficulty or unsettled nature of the applicable law; 4) the degree of relatedness or remoteness of the proceeding to the main bankruptcy case; 5) the substance rather than the form of an asserted "core" proceeding; 6) the feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court; 7) the existence of a right to a jury trial; 8) the presence in the proceeding of a nondebtor party.  Citing Republic Reader's Service, Inc. v. Magazine Service Bureau, Inc. (In re Republic Reader's Service, Inc.), 81 B.R. 422, 429 (Bankr. S.D. Tex. 1987).

Statue/Rule References:
28 U.S.C. § 1334 -- Abstention

Key Terms:
Abstention


Date: 
Thursday, July 9, 1992