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Goldstein v. PHC-Martinsville, Inc. (In re Huffman) (Case No. 09-60343; A.P. No 11-06095) 02/10/2012

The debtor allegedly sustained an injury in a hospital, and she filed for chapter 7 bankruptcy but did not schedule the claim and eventually received a discharge.  The chapter 7 trustee brought the personal injury action in the reopened bankruptcy case.  The defendant, which was the owner of the hospital, filed two motions, one to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and one to abstain pursuant to 11 U.S.C. § 1334(c)(2) from hearing the matter in the federal courts.  The court denied both motions.

Date: 
Friday, February 10, 2012
Category: 
Abstention
Adversary Proceedings
Rule 12(b)(6)
Chapter: 
7