IN RE HERULA

ARTHUR VOTOLATO, Bankruptcy Judge

After hearing and upon consideration of the Application for Approval and Payment of Expenses filed by Gary Ostrin and Ostrin Ostrin Co., Auctioneers, the application is ALLOWED in the amount of $20,487.72.

Enter Judgment consistent with this Order.

Heard on September 29, 2004, on the Defendant Paul Grothe's Motion to Dismiss or Abstain and the Objection of the Plaintiff, Rene Maroten. For the reasons argued by the Defendant, I find that permissive abstention is appropriate as to the claims of Plaintiff Maroten pursuant to 28 U.S.C. § 1335(c)(1). The Defendant's Motion to Dismiss is DENIED and his request for abstention is GRANTED. Should the Defendant prevail in the state court litigation and if Maroten raises claims for indemnification against the estate or the Trustee, the parties are ordered to return to this Court to litigate any indemnification claims.