Roach v. Barcus (In re Bolan)

(Bankr. N.D. Ind. Dec. 16, 2014)

The bankruptcy court denies the defendants’ motion to dismiss the adversary proceeding. The trustee had sued the defendants in state court seeking to avoid certain stock transactions with the debtor. The trustee then removed the action to the bankruptcy court, and the defendants moved to dismiss based on lack of subject matter jurisdiction and mandatory abstention. The court has jurisdiction because the determination of the trustee’s claims has a significant impact on the debtor’s estate. Further, the court is not required to abstain, because abstention requires an action to be pending in another court. Because the case was removed to the bankruptcy court, there was no longer an action pending in state court. Opinion below.

2014-12-16 – roach v barcus

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s