Giese v. Community Trust Bank (In re HRNC Dissolution Co.)

(Bankr. E.D. Ky. Sep. 9, 2015)

The bankruptcy court denies the plaintiff’s motion for mandatory abstention under 28 U.S.C. § 1334(c)(2). The plaintiff brought an action in state court alleging ownership of funds that were distributed to two purchasers of a debtor’s assets in bankruptcy. The defendants removed the case to the district court and the district court referred the case to the bankruptcy court because it was related to the bankruptcy case. The bankruptcy court determines that the majority of plaintiff’s claims are core claims and the others are inextricably intertwined with the core claims. Thus, the motion is denied. Opinion below.

2015-09-09 – giese v community trust bank

Author: Matt Lindblom