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Expert Analysis

6th Circ. Clarifies Approach To Mandatory Abstention

By Tamar Dolcourt (July 23, 2018, 2:09 PM EDT) -- On June 1, 2018, the bankruptcy appellate panel for the Sixth Circuit issued its opinion in In re HNRC Dissolution Co.,[1] holding that when an adversary proceeding contains both core and noncore claims, the bankruptcy court may hear all of the claims, and is not required to abstain from hearing the noncore claims. This decision provides guidance to bankruptcy litigants and the courts on how to address an adversary proceeding with both core and noncore claims, though given the particular facts of the case, its impact may be limited....

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