Peoples Bank v. SAIIA Construction, LLC

MEMORANDUM OPINION

GUIN, District Judge.

This cause is before the court on appeal from a final order entered by the United States Bankruptcy Court for the Northern District of Alabama, Northeastern Division on October 19, 2005. Jurisdiction for this appeal exists under 28 U.S.C. § 158(a)(1) and 28 U.S.C. § 1292(b).

ISSUE

Whether abstention doctrines applied to this involuntary bankruptcy case making it an error of law for the Bankruptcy Court to adjudicate the case before the active state case was resolved.

FINDINGS OF THE COURT

The Bankruptcy Court should have abstained from the perfection issue…