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Specialty Fin. Grp., LLC, v. Minor Family Hotels, LLC (In re Minor Family Hotels) (Case No. 10-62543; A.P. No. 10-06112) 10/01/2010

The Court granted the motion to remand the adversary proceeding to the Georgia state court for further proceedings. The twelve factors that a court should weigh when considering discretionary abstention and remand are the same.  See Eastport Assoc. v. City of Los Angeles, 935 F.2d 1071, 1075 (9th Cir. 1991).  The overwhelming factor supporting remand in this case is the fact that the Georgia state court action has, after eighteen months of strongly contested litigation, come to the verge of resolution; therefore, it would be folly for this Court to begin the process anew.

Date: 
Friday, October 1, 2010
Category: 
Chapter 7 Issues
Jurisdiction
Relief from Stay
Chapter: 
7