Pummill v. American Sterling Bank et al

1 The Court dismissed Count I of the lawsuit on August 24, 2004. The remaining counts
(Counts II and III) seek damages for breach of contract and fraudulent misrepresentation.
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF MISSOURI
In re: )
)
GERALD BARNHART ) Case No. 03-43371
)
Debtor. )
)
GERALD BARNHART, )
)
Plaintiff, )
vs. ) Adversary Proceeding No. 04-5061
)
AMERICAN STERLING BANK, )
)
Defendants. )
MEMORANDUM OPINION AND ORDER
A bankruptcy court may exercise its discretion to voluntarily abstain from a case sua sponte, i.e.,
on its own accord, without a motion or hearing. Carver v. Carver, 954 F.2d 1573, 1579 (11th Cir.
1992). On December 27, 2004, the Court entered an order in the main case granting the Trustee’s notice
to abandon this adversary proceeding. Because the estate no longer has an interest in the outcome of the
lawsuit and the remaining counts1 of the lawsuit are based entirely on state law, voluntary abstention is
appropriate. See In re Williams, 256 B.R. 885, 893-94 (B.A.P. 8th Cir. 2001) (listing factors considered
by courts to determine whether to abstain under 28 U.S.C. § 1331(c)(1)). Therefore, it is
ORDERED that pursuant to 28 U.S.C. § 1334(c) the Court exercises its discretion to voluntarily
abstain in this adversary proceeding. It is
FURTHER ORDERED that this matter is dismissed without prejudice.
Case 04-05061-jwv Doc 19 Filed 01/10/05 Entered 01/10/05 12:48:38 Desc Main
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SO ORDERED this 10th day of January 2005.
/s/ Jerry W. Venters
United States Bankruptcy Judge
A copy of the foregoing was served
electronically or conventionally to:
Gerald Eugene Barnhart
Scott B. Haines
Heather S. Esau Zerger
Case 04-05061-jwv Doc 19 Filed 01/10/05 Entered 01/10/05 12:48:38 Desc Main
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