Bleichner Bonta Martinez & Brown, Inc. v. National Bank of Georgia (In Re Micro Mart, Inc.)

MEMORANDUM OF OPINION AND ORDER

A.D. KAHN, Bankruptcy Judge.

Plaintiff commenced the instant action in the State Court of Fulton County, Georgia alleging that Defendant, as the depository bank, failed to meet the “midnight deadline” set forth in O.C.G.A. § 11-4-301. Defendant removed the action to this Court pursuant to 28 U.S.C. § 1452(a). It is now before the Court on Plaintiff’s Motion for Remand and Mandatory Abstention and Defendant’s Motion for Leave to File Third-Party Complaint.

Plaintiff moves that this adversary complaint be remanded to the State Court of Fulton County pursuant to 28…