DeGirolamo v. Applegate (In Re Applegate)

MEMORANDUM OF OPINION

RUSS KENDIG, Bankruptcy Judge.

Now before the Court is the Motion to Abstain, filed September 19, 2008 by Defendant Tricia K Applegate (“Defendant”), seeking to have this Court abstain from exercising jurisdiction over this controversy. Plaintiff Anthony J. DeGirolamo (“Plaintiff’), the Chapter 7 trustee in this case, filed his response on October 6, 2008. Defendant filed an untimely reply on November 12, 2008. For the reasons set forth below, the Court denies Defendant’s motion.

The Court has jurisdiction of this proceeding pursuant to 28 U.S.C. §§ 1334 and the general…