ORDER ON DECISION RE: (1) EXERCISE OF DISCRETIONARY ABSTENTION AND REMAND OF THIS PROCEEDING TO STATE COURT, (2) DENYING MOTIONS TO REOPEN AND (3) RELATED MOTIONS
THOMAS WALDRON, Chief Judge, Bankruptcy
In accordance with the Decision on Order Re: (1) Exercise of Discretionary Abstention and Remand of this Proceeding to State Court, (2) Denying Motions to Reopen and (3) Related Motions, simultaneously filed, the court exercises its discretion and ABSTAINS, pursuant 28 U.S.C. § 1334(c)(1), from these proceedings to allow them to continue in the pending state court action. Alternatively, this proceeding is REMANDED to the Highland County (Ohio) Court of Common Pleas pursuant to 28 U.S.C. § 1452(b). The two pending motions to reopen in the estate case: Motion to Reopen Case [Estate Doc 21-1] and Motion to Reopen Case [Estate Doc. 35], are DENIED. The Motion for Contempt For Violation of the Automatic Stay of 11 U.S.C. § 341 or the Permanent Injunction of 11 U.S.C. § 524 is also DENIED. [Estate Doc. 36] The other pending motions in this adversary proceeding, Defendant Student Aid Funds, Inc. Application For Default Judgment Against Thomas E. Underwood On Counterclaim [Adv. Doc. 13] and the Motion to Allow Answer Out Of Time [Adv. Doc. 22] are DENIED as MOOT.
The original of this order shall be entered in Adversary No. 03-3049 and a copy, which shall be DEEMED AN ORIGINAL, shall be entered in Case Number 95-34593.
SO ORDERED.