Bankr. No.:
89-30035
Chapter:
12
Date of Decision:
May 10, 1989
Issue:
Whether the Bankruptcy Court should voluntarily abstain under 28 U.S.C. ยง1334(c)(1) from hearing a lender liability claim brought by the debtor against a creditor where the claim was pending in state court over two years prior to the debtor's filing bankruptcy.
Ruling:
The Court held it would abstain to allow the state court to try the lender liability claims but it would not abstain or lift the stay regarding the lender's state court complaint to foreclose.
Full Bankruptcy Court Decision:
