Burgess v. Liberty Savings Ass'n (In Re Burgess)

DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT AND FOR ABSTENTION.

BURTON PERLMAN, Bankruptcy Judge.

Plaintiff herein is a chapter 11 debtor in this court. The complaint in this adversary proceeding states an unusual claim, to the effect that defendant and plaintiff reached a settlement agreement in a pre-bankrupt-cy state court foreclosure suit under the terms of which plaintiff has fully performed, but defendant has refused to perform. Plaintiff therefore seeks a declaration that there was a valid and enforceable settlement agreement between the parties and defendant should be ordered to…