11 U.S.C. § 542(b). On facts presented, insurance coverage dispute found not to be a core proceeding and not a proper § 542(b) turnover action. Although mandatory abstention did not apply because there was diversity jurisdiction, court exercised discretion to abstain under 28 U.S.C. § 1334(c)(1) in favor of pending arbitration proceeding where no overriding, countervailing bankruptcy purpose.
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Entered:
2004-01-12
Case:
02-05-4152
Judge:
E. Stephen Derby