Legal Opinion
Lain v. Watt (In re Dune Energy, Inc.)
United States Bankruptcy Court, W.D. Texas
Decided August 24, 2017No. Case No. 15-10336-HCM; Adversary No. 17-01052-HCMPublishedCited by 14 opinions
1Opinion of the Court
OPINION REGARDING MOTION TO REMAND OR ABSTAIN
H. CHRISTOPHER MOTT, UNITED STATES BANKRUPTCY JUDGE
Here, the Court tackles whether, at the behest of Plaintiff, this removed suit should be returned to the state court from whence it came. Ultimately, the Court finds that it must (and should) abstain, and the suit will be remanded to the state court in Brazoria County, Texas.
I
PROCEDURAL BACKGROUND
A. Bankruptcy Case
On March 8, 2015, Dune Energy, Inc., as debtor (“Debtor”), filed a voluntary Chapter 11 bankruptcy petition in this Court. The Debtor was an independent energy company that owned and…
2Cases cited27 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- 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
- Wellness Int'l Network, Ltd. v. SharifSupreme Court of the United States · 2015
- Gober v. Terra + CorporationCourt of Appeals for the Fifth Circuit · 1996
- Browning v. NavarroCourt of Appeals for the Fifth Circuit · 1984
22 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
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- Boy Scouts of America v. The Hartford Accident and Indemnity CompanyDistrict Court, N.D. Texas · 2020
- Doe v. Roman Catholic Church of the Archdiocese of New OrleansDistrict Court, E.D. Louisiana · 2022
- Faulkner v. Lane Gorman Trubitt, LLCUnited States Bankruptcy Court, N.D. Texas · 2021
- FosterUnited States Bankruptcy Court, N.D. Texas · 2020
9 more not listed; retrieve them via the Exa API.