Nwakuche UG v. Mortgage Lender Services, Inc. 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
NWAKUCHE UG, 	Adv. No. 11-04063 AJ
Plaintiff,
vs.
MORTGAGE LENDER SERVICES, INC.,
ET AL.,
Defendants./
MEMORANDUM RE REMAND
The court has concluded that it should remand this adversary
proceeding pursuant to 28 U.S.C. § 1452(b). 	See In re Tucson
Estates, Inc., 912 F.2d 1162, 1166-67 (9th Cir. 1990) (listing the
factors for discretionary abstention pursuant to 28 U.S.C.
§ 1334(c)(1)).
All of the claims for relief are matters governed by California
State law, or federal law other than bankruptcy law. 	The matters at
issue are not core matters under 28 U.S.C. § 157(b)(2). 	Moreover,
plaintiff herein does not consent to this court’s entry of any
Signed: April 26, 2011

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
April 26, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 11-04063 Doc# 42 Filed: 04/26/11 Entered: 04/26/11 16:52:49 Page 1 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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2	Memorandum
binding findings, and therefore the court would not be able to enter
any binding findings. 	28 U.S.C. § 157(c).
In addition, the parties have the right to request a trial by
jury, which this court cannot conduct absent consent of all parties.
28 U.S.C. § 157(e). 	The trial of the claims alleged would place a
substantial burden on the court’s docket.
For the foregoing reasons, the court will issue its order
remanding this adversary proceeding.
*** END OF MEMORANDUM ***
Case: 11-04063 Doc# 42 Filed: 04/26/11 Entered: 04/26/11 16:52:49 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: 11-04063 Doc# 42 Filed: 04/26/11 Entered: 04/26/11 16:52:49 Page 3 of 3