Baren v. Devon Bank (In Re Baren)

MEMORANDUM ORDER

SHADUR, District Judge.

This Court has received and agrees with the thoughtful analysis in the December 21, 1984 memorandum opinion and order (the “Opinion”) by Bankruptcy Judge John Schwartz. 47 B.R. 39. Only two additional comments are in order:

1. Even were the removals of the state cases to this District Court governed by 28 U.S.C. § 1452 (part of the Bankruptcy Amendments and Federal Judgeship Act of 1984), this Court would remand the cases on the identical equitable grounds identified by Judge Schwartz (see Opinion at 7-8). Though this Court (unlike the Bankruptcy Court)…