Legal Opinion

Gainsborough v. Lutfak (In re Lutfak)

United States Bankruptcy Court, S.D. Texas

Decided August 27, 2015No. CASE NO: 15-31344; ADVERSARY NO. 15-3118PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE

Plaintiff Jeff Gainsborough’s claims in this adversary proceeding are non-core. *768Accordingly, mandatory abstention is appropriate.

Background

On December 17, 2012, Gainsborough filed suit against Lutfak and other non-debtor parties in Harris County District Court (the “Gainsborough Lawsuit”). (ECF No. 1-2). Gainsborough alleged that Defendants conspired to sell him a house with several material undisclosed defects located in Houston. Id. at 3. Specifically, Gainsborough alleged that Defendants made misleading statements designed to…

2Cases cited14 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  3. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
  4. Wellness Int'l Network, Ltd. v. SharifSupreme Court of the United States · 2015
  5. Gober v. Terra + CorporationCourt of Appeals for the Fifth Circuit · 1996

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3Cited by1 opinion

  1. Curtis v. Cerner CorporationDistrict Court, S.D. Texas · 2020

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