Case Summary:
When the Debtor filed bankruptcy in December 2012, an action to foreclose on her home had been pending in Oneida County Circuit Court since January 2009. She removed the foreclosure action to the bankruptcy court, and Bank of America filed a Motion to Remand, Abstain, or Dismiss. After analyzing the impact of removal and remand on the foreclosure action and the bankruptcy case in light of a fourteen-item list of factors, the bankruptcy court concluded that "permissive" abstention was appropriate under 28 U.S.C. § 1334(c)(1).
Statute/Rule References:
28 U.S.C. § 1334 -- Abstention
28 U.S.C. § 1452 -- Removal
Fed. R. Bankr. P. 9027 -- Removal
Key Terms:
Abstention
Removal
File:
Date:
Thursday, June 20, 2013