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Opinion 246

Case Name: 

In re Terracor, 86 B.R. 671 (Bankr.D.Utah)

Judge: 
Judge Boulden
Date: 
Mar-10-1988
Case Number(s): 
81B-0599 through -0602, and 81B-0689 through -0696
Status: 

PUBLISHED

Body: 

The court determined that it had subject matter jurisdiction to consider a dispute between non-debtors that related to a chapter 11 plan confirmed more than five years prior to the dispute. However, the court concluded, based on the facts before it, that permissive abstention pursuant to 28 U.S.C. § 1334(c)(1) was appropriate. The court recommended to the district court that, in cases involving confirmed chapter 11 plans that are largely completed and resolution of the dispute will have little or no effect on the bankruptcy case, disputes between third parties should not be determined in the bankruptcy court and permissive abstention should be used to transfer such cases back to jurisdictions statutorily designated to handle them.

Internal Ref: 
Opinion 246
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