Legal Opinion
Caughlan v. First Security Bank of Helena (In re Chadwick)
United States Bankruptcy Court, D. Montana
Decided November 5, 1986No. Bankruptcy No. 284-00308; Adv. No. 286/0062Published
1Opinion of the Court
ORDER
JOHN L. PETERSON, Bankruptcy Judge.
Presently filed in Adversary Proceeding No. 286/0062 are memorandums of the Trustee/Plaintiff and Defendant dealing with abstention of the adversary cause to state court pursuant to Section 28 U.S.C. 1334(c)(1) and (2). The procedural morass of this cause leads the Court to conclude that abstention has neither been formally requested, and if it has been, the request has been waived, and consent to try this cause has been impliedly made by both parties. To explain this result, it is necessary to outline and discuss the procedural history of the…
2Cases cited22 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Crowell v. BensonSupreme Court of the United States · 1932
- Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
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