=?iso-8859-1?Q?11_U=2ES=2E_Code_=A7_305_-_Abstention_in_Adversary?=
Posted: Mon Jul 20, 2015 11:16 am
I have an adversary pending in a Chapter 13 that really belongs in family law court. My client is the ex-husband of Debtor.
Can this Bankruptcy Code section be used to get an adversary dismissed? Anyone ever done it?
11 U.S. Code 305 - Abstention
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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-
(1) the interests of creditors and the debtor would be better served by such dismissal or suspension; or
(2)
(A) a petition under section 1515 for recognition of a foreign proceeding has been granted; and
(B) the purposes of chapter 15 of this title would be best served by such dismissal or suspension.
(b) A foreign representative may seek dismissal or suspension under subsection (a)(2) of this section.
(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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The post was migrated from Yahoo.