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Marsh v. Campbell (In re Campbell) (Case No. 10-60197; A.P. No. 10-06053) 11/17/2010

The Court analyzed the twelve factors set forth in Eastport Assocs. v. City of Los Angeles, 935 F.2d 1071, 1075 (9th Cir. 1991), and determined that abstention is warranted in this case because the parties litigated the matter in the state court for more than seven months before the petition was filed and because all of the causes of action, other than the dischargeability cause of action, are based exclusively on state law.  Accordingly, the Court granted the motion for relief from the automatic stay to allow the parties to continue to litigate this matter in state court.

Date: 
Wednesday, November 17, 2010
Category: 
Abstention
Chapter 7 Issues
Relief from Stay
Chapter: 
7