Legal Opinion

Harbour Oaks Development Corp. v. Southtrust Bank (In re Harbour Oaks Development Corp.)

United States Bankruptcy Court, M.D. Florida

Decided August 31, 1998No. Bankruptcy No. 94-00474-9P1; Adversary No. 98-149Published

1Opinion of the Court

ORDER ON MOTION TO DISMISS CLAIMS OF NON-DEBTOR PARTIES IN ADVERSARY PROCEED-jjsjq FOR ABSTENTION AND FOR REMAND (DOC. # 6)

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a confirmed Chapter 11 case and the matter under consideration is a Motion to Dismiss Claims of Non-Debtor Parties in Adversary Proceeding, for Abstention and for Remand filed by Southtrust Bank, N.A., f/k/a Southtrust Bank of Southwest Florida, N.A., fik/a Community Bank of Charlotte (Community Bank). The facts relevant to the resolution of this Motion as they appear in the record are as follows:

Harbour Oaks Development…

2Cases cited5 opinions

  1. 17 Collier bankr.cas.2d 230, Bankr. L. Rep. P 71,695 in the Matter of Xonics, Inc., Debtors. Elscint, Inc., and Elscint Imaging, Inc. v. First Wisconsin Financial CorporationCourt of Appeals for the First Circuit · 1987
  2. Bankr. L. Rep. P 71,803 in the Matter of Richard A. Kubly, Debtors. Wisconsin Department of Industry, Labor and Human Relations v. Marine Bank MonroeCourt of Appeals for the Seventh Circuit · 1987
  3. In Re Master Mortgage Investment Fund, Inc.United States Bankruptcy Court, W.D. Missouri · 1994
  4. Spiers Graff Spiers v. Menako (In Re Spiers Graff Spiers)United States Bankruptcy Court, N.D. Illinois · 1996
  5. In Re Optical Technologies, Inc.United States Bankruptcy Court, M.D. Florida · 1997

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