Baxter v. United Southern Bank (In Re Marrs)

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issue is whether a bankruptcy court should abstain from addressing the non-debtor plaintiff’s complaint for a declaratory judgment and the nondebtor defendant’s counterclaim for conversion and trespass after all matters involving the debtor have been dismissed. After a review of applicable authority, the court, on its own motion, 1 finds that where the controversy affects neither the debtor nor the administration of the debtor’s estate, involves complex issues of state law, and where jurisdictional uncertainty exposes a bankruptcy court judgment…