Ghen v. Branca (In Re Ghen)

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

The issue at bench is whether this Court should retain jurisdiction over a proceeding, where its subject matter is identical to that of a pending state court suit, and its outcome would have no bearing on the administration of the estate. For the reasons stated herein, we conclude that abstention would be appropriate.

The facts of the case are as follows: 1 In October of 1982, Gregory S. Ghen (“debt- or”) instituted a breach of contract action against Thomas C. Branca (“defendant”) in the Court of Common Pleas of Montgomery County. The suit stemmed…