Legal Opinion

Smith-Douglass, Inc. v. Smith (In Re Smith-Douglass, Inc.)

United States Bankruptcy Court, E.D. North Carolina

Decided October 23, 1984No. 14-05819PublishedCited by 59 opinions

1Opinion of the Court

MEMORANDUM OPINION

A. THOMAS SMALL, Bankruptcy Judge.

The matter before the court is the defendants’ request for voluntary abstention pursuant to 28 U.S.C. § 1334(c)(1).

On September 27,1984 this court entered an order denying the defendants’ request for mandatory abstention under 28 U.S.C. § 1334(c)(2). The court found that although this adversary proceeding brought by the debtor-in-possession to collect two accounts receivable totalling $100,927.21 is a proceeding based upon a state law claim or state law cause of action, 28 U.S.C. § 1334(c)(2) does not apply because the proceeding is related…

2Cited by59 opinions

  1. Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
  2. Braucher v. Continental Illinois National Bank & Trust Co. (In Re Illinois-California Express, Inc.)United States Bankruptcy Court, D. Colorado · 1985
  3. MacOn Prestressed Concrete Co. v. DukeDistrict Court, M.D. Georgia · 1985
  4. State Bank of Lombard v. Chart House, Inc.District Court, N.D. Illinois · 1985
  5. Satelco, Inc. v. North American Publishers, Inc. (In Re Satelco, Inc.)United States Bankruptcy Court, N.D. Texas · 1986

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