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Abstention › Jurisdiction

Cadwalader, Wickersham & Taft LLP

Stop! In the Name of Love…Err States’ Rights?

Cadwalader, Wickersham & Taft LLP on

A recent decision by the United States District Court for the Northern District of New York (the “Court”) concluded that a federal court cannot prevent a state court foreclosure pursuant to the abstention doctrine set out by...more

McGlinchey Stafford

Third Circuit Illustrates Federal Court Presumption for Exercising Concurrent Jurisdiction

McGlinchey Stafford on

Arsenis v. M&T Bank is a tale of two cases. The bank brought an action against Ms. Arsenis to foreclosure on a mortgage loan in New Jersey Superior Court. Through a combination of defenses and counterclaims in the foreclosure...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Holds Automatic Stay Inapplicable to Removal of State Court Action Against Debtor

Patterson Belknap Webb & Tyler LLP on

When a party files for bankruptcy, the Bankruptcy Code imposes an automatic stay of litigation against a debtor for claims arising prior to the commencement of the bankruptcy case. See 11 U.S.C. § 362(a). Where there is a...more

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