|JOHN A. BROWNER
SHIRLEY A. BROWNER
|Bankruptcy No. 05-08146|
|JOHN A. BROWNER et al||Adversary No. 05-30206|
|KAIZEN CO. OF AMERICA L.C.
It is apparent from the statements made on the record that Mr. Browner has heavily litigated these matters since the mid-1990's. The underlying facts arose in 1995 and Mr. Browner has been involved in at least five lawsuits regarding these issues since that time. Mr. Browner feels deeply aggrieved about these matters but has not been successful in litigation. Defendants assert that there would be no benefit to the bankruptcy estate in allowing removal of the Debtor's state court case.
The court to which such a claim or cause of action is removed may remand such claim or cause of action on any equitable ground.28 U.S.C. §1452(b) [emphasis added]. There are numerous factors that courts consider in determining whether there are equitable grounds for remand under §1452(b). Transamerica Fin. Life Ins. Co. v. Merrill Lynch & Co., Inc., 302 B.R. 620, 628-29 (N.D. Iowa 2003) (Reade, J.). These factors include:
whether remand would prevent duplication or uneconomical use of judicial resources; the effect of the remand on the administration of the bankruptcy estate; whether the case involves questions of state law better addressed by a state court; comity; judicial economy; prejudice to involuntarily removed parties; the effect of bifurcating the action, including whether remand will increase or decrease possibility of inconsistent results; the predominance of state law issues and non-debtor parties; and the expertise of the court in which the action originated.Transamerica, 302 B.R. at 628-29. When ruling on a motion to remand, courts construe all doubts in favor of remand. Green v. Ameritrade, Inc., 279 F.3d 590, 596 (8th Cir. 2002).
Based on the foregoing, the Court concludes that there are equitable grounds for remand. These matters have already been extensively litigated in Iowa District Court. Allowing further litigation in this Court would be a waste of judicial resources. There is no benefit to the bankruptcy estate from allowing Mr. Browner's claims to be brought into the bankruptcy arena. The issues in the litigation are exclusively state law issues, best left to the state courts.
As this action is remanded to Iowa District Court in Scott County, it is appropriate to lift the automatic stay to allow the parties to proceed in that court.
WHEREFORE, Defendant's Motion to Remand is GRANTED.
FURTHER, this action is remanded to Iowa District Court in Scott County.
FURTHER, the automatic stay is lifted to allow this action to proceed in Iowa District Court.
DATED AND ENTERED: December 12, 2005.
|Paul J. Kilburg|