Barnes Marks v. Trevor Askew et al

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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Memorandum
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	Case No. 11-43140 EDJ
Chapter 13
LESLIE PATRICE BARNES MARKS,
Debtor. /
LESLIE PATRICE BARNES MARKS, 	Adv. No. 11-04105
Plaintiff,
vs.
TREVOR ASKEW, ET AL.,
Defendant./
MEMORANDUM RE ABSTENTION
The court has considered the factors for discretionary
abstention pursuant to 28 U.S.C. § 1334(c)(1), and has concluded
that it should abstain from hearing this adversary proceeding. 	See
In re Tucson Estates, Inc., 912 F.2d 1162, 1166-67 (9th Cir. 1990);
In re Eastport Asociates, 935 F.2d 1071 (9th Cir. 1991).
All of the claims for relief are matters governed by California
Signed: April 13, 2011

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
April 14, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 11-04105 Doc# 9 Filed: 04/13/11 Entered: 04/14/11 10:38:27 Page 1 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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1The claims for relief alleged are: violation of the
Racketeer Influenced and Corrupt Organizations Act; fraudulent
conveyance; real estate fraud; violation of California Business
and Professions Code § 17200 et seq.; violation of the Fair
Credit Reporting Act; violation of the Truth in Lending Act;
fraud upon the court; violation of the Real Estate Settlement
Procedures Act; malicious falsehood; civil harassment;
professional negligence; violation of California Civil Code §
2932.5; unconcionability; abuse of process; and plaintiff seeks
to quiet title.
2	Memorandum
State law, or federal law other than bankruptcy law. 1 	The matters
at issue are not core matters under 28 U.S.C. § 157(b)(2). 	Thus,
the court would not be able to enter any binding findings absent
consent of the parties. 	28 U.S.C. § 157(c).
Moreover, the parties have the right to request a trial by
jury, which this court cannot conduct absent consents of all
parties. 	28 U.S.C. § 157(e). 	The trial of the fifteen claims
alleged would place a substantial burden on the court’s docket.
For the foregoing reasons, the court will issue its order
abstaining from hearing this adversary proceeding.
*** END OF MEMORANDUM ***
Case: 11-04105 Doc# 9 Filed: 04/13/11 Entered: 04/14/11 10:38:27 Page 2 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3	Memorandum
COURT SERVICE LIST
All Recipients
Case: 11-04105 Doc# 9 Filed: 04/13/11 Entered: 04/14/11 10:38:27 Page 3 of 3