Bankr. No.:
97-40901
Adv. No.:
98-4027
Chapter:
7
Date of Decision:
January 6, 1999
Issue:
Whether Bankruptcy Court should retain jurisdiction over some counts of Plaintiffs' complaint and all counts of Defendants' third-party complaint where underground storage tanks, possible contamination, and cleanup where at issue and where cleanup funds were within the control of the state and its agencies?
Ruling:
The Bankruptcy Court abstained from further jurisdiction pursuant to 28 U.S.C. ยง 1334(c)(1). State and its agencies could better address the matter. Case had also recently been converted to Chapter 7 and the Trustee could work with the state and interested parties to get the cleanup done and the costs for it allocated timely.
Full Bankruptcy Court Decision:
