Stabler v. Beyers (In Re Stabler)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
VENTERS, Bankruptcy Judge.
This is an appeal of the bankruptcy court’s order granting the Defendant’s motion to dismiss the underlying adversary proceeding. 1 The bankruptcy court dismissed the adversary proceeding based on the application of collateral estoppel to a prior state-court judgment and on a determination that permissive abstention was warranted under 28 U.S.C. § 1334(c)(1). For the reasons stated below, we affirm the bankruptcy court’s decision to abstain. 2
I. STANDARD OF REVIEW
A bankruptcy court’s decision to abstain from exercising jurisdiction is reviewed for an abuse of…
2Cases cited11 opinions
- Bellotti v. BairdSupreme Court of the United States · 1976
- First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
- In the Matter of CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Debtor. Appeal of CMC HEARTLAND PARTNERSCourt of Appeals for the Seventh Circuit · 1993
- Edward Carver v. Paulette Carver, Gasper L. Toole, Iii, Frampton W. Toole, Iii, and Richard L. PearceCourt of Appeals for the Eleventh Circuit · 1992
- Forbes v. Forbes (In Re Forbes)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
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3Cited by32 opinions
- Kaler v. Charles (In re Charles)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012
- Walker v. Sallie Mae Servicing Corp. (In Re Walker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
- Stabler v. First State Bank of RoscoeSouth Dakota Supreme Court · 2015
- First State Bank of Roscoe v. Brad Allen StablerCourt of Appeals for the Eighth Circuit · 2019
- Howard v. HowardKentucky Supreme Court · 2011
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