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IN RE ROBB

Bankruptcy No. 90 B 20072, No. 91 ADV. 6712.

139 B.R. 791 (1992)

In re Diana M. ROBB, Debtor. INTERNATIONAL FIDELITY INSURANCE COMPANY, Plaintiff, v. Diana ROBB, Defendant.

United States Bankruptcy Court, S.D. New York.

May 6, 1992.

Attorney(s) appearing for the Case

Costa and McKay & Donnelly, Valley Cottage, N.Y., for debtor and defendant.

Stein, Zauderer, Ellenhorn, Frischer & Sharp, New York City, for plaintiff.

DECISION ON MOTION TO DISMISS FIRST AND SIXTH CLAIMS FOR RELIEF CONTAINED IN COMPLAINT AND ORDER FOR MANDATORY OR DISCRETIONARY ABSTENTION WITH RESPECT TO THIRD, FOURTH, FIFTH AND SIXTH CLAIMS IN COMPLAINT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The Chapter 13 debtor, Diana M. Robb, has moved pursuant to Federal Rule of Civil Procedure 12(b)(6) and Federal Rule of Bankruptcy Procedure 7012 to dismiss the first and sixth claims for relief contained

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