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=?utf-8?Q?Re:_[cdcbaa]_11_U.S._Code_=C2=A7_305_-_Abstention_in_A?=
yes. Most bk courts hate having to decide family law issues and will abstain. Make the motion.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Jul 20, 2015, at 11:16 AM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
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> I have an adversary pending in a Chapter 13 that really belongs in family law court. My client is the ex-husband of Debtor.
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> Can this Bankruptcy Code section be used to get an adversary dismissed? Anyone ever done it?
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> 11 U.S. Code 305 - Abstention
> prev | next
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> (a) The court, after notice and a hearing, may dismiss a case under this title, or may suspend all proceedings in a case under this title, at any time if
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> (1) the interests of creditors and the debtor would be better served by such dismissal or suspension; or
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> (2)
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> (A) a petition under section 1515 for recognition of a foreign proceeding has been granted; and
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> (B) the purposes of chapter 15 of this title would be best served by such dismissal or suspension.
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> (b) A foreign representative may seek dismissal or suspension under subsection (a)(2) of this section.
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> (c) An order under subsection (a) of this section dismissing a case or suspending all proceedings in a case, or a decision not so to dismiss or suspend, is not reviewable by appeal or otherwise by the court of appeals under section
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> Law Offices of Steven B. Lever
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> Steven B. Lever
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> ( Tel. (562) 436-5456 ext. 1
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> ( Fax (562) 485-6886
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> * sblever@leverlaw.com
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