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State of Florida ex rel. Florida Dept. of Ins. v. Diederike Marlene Fulkerson (In re Fulkerson), Ch. 7, BK12-41750-TLS, A12-4091-TLS (July 3, 2013)

This lawsuit originated in state court nearly 15 years ago and had been tried, appealed, and set for retrial there. The same matters were also raised in probate court in a claim against a deceased defendant's estate. When the current defendant filed bankruptcy, the case was removed to bankruptcy court as an adversary proceeding. While the adversary proceeding involved claims adjudication and was therefore a core proceeding, the bankruptcy court nevertheless determined that, because of prevailing state law issues and the case's lengthy history in state court, permissive abstention was the appropriate course of action and it remanded the litigation to state court.

Date: 
Wednesday, July 3, 2013
Judge: 
Judge Thomas L. Saladino