11/06/2012 02:17:00 PM EST
Drauschak v. VMP Holdings Ass'n, L.P., 2012 Bankr. LEXIS 5125 (Bankr. E.D. Pa. Nov. 1, 2012)
Collier on Bankruptcy was cited in this recent decision:
Collier on Bankruptcy sections cited (accessible by lexis.com subscribers):
1 Collier on Bankruptcy ¶ 3.07
3 Collier on Bankruptcy ¶ 362.07
Lexis.com subscribers can view the enhanced version of Drauschak v. VMP Holdings Ass'n, L.P.
LexisNexis Overview: The creditors asserted that all claims in the removed proceeding were non-core, and that they did not consent to the entry of a final judgment in the bankruptcy court. They asserted that the state court, where the case had been pending for two years, could timely adjudicate all of the claims. All of the other elements of mandatory abstention were present. The debtor also had initially chosen the state court as his forum. The factors, taken together, supported permissive abstention and equitable remand. Unless modified by the bankruptcy court, as authorized by Fed. R. Bankr. P. 9027(i), all of the interlocutory orders issued by the state court remained in effect even after the case was removed. The scheduling deadlines set by the state court thus were not nullified by the removal.
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