2015 Judge Meisel - Opinions

Judge Stacey L. Meisel -- Opinions signed in 2015

 

 


 

In re: Halligan v O'Connor, Case 14-16736, Adv. 15-2102, 12/22/2015

Defendants filed a Notice of Removal with the Bankruptcy Court to remove a four year old State Court Action in which the Debtor was not a party but was referred to in the State Court Complaint for factual purposes.  Defendants argued the Debtor would ultimately be affected by the outcome of the State Court Action, without articulating how.  The Plaintiff filed a Motion to Remand.  Before reaching the merits, the Court found the removal was out of time under Fed. R. Bankr. P. 9027.  Alternatively, the Court concluded remand was appropriate for lack of subject matter jurisdiction and, in any event, mandatory and permissive abstention, as well as equitable remand, were also appropriate.