(DOWNLOAD) "Stoe v. Flaherty" by In the United States Court of Appeals for the Third Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Stoe v. Flaherty
- Author : In the United States Court of Appeals for the Third Circuit
- Release Date : January 23, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Plaintiff-appellant George Stoe ("Stoe") brought a state-law action in state court to recover unpaid severance benefits from current and former officers of his previous employer, which is now bankrupt. The defendants removed the case to federal court pursuant to 28 U.S.C. § 1452, which provides for the removal of claims related to a bankruptcy case. In the District Court, the defendants successfully opposed Stoes motion for mandatory abstention and ultimately won dismissal on the merits. Because we conclude that the District Court committed errors of law in ruling that the Bankruptcy Codes mandatory abstention provision was inapplicable to a case of this kind, we will remand for further consideration of whether the District Court must abstain from hearing Stoes case.
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