IN RE BWP GAS, LLC

Civil Action No. 06-106, Bankruptcy No. 05-18745, Bankruptcy Adv. No. 05-480.

354 B.R. 701 (2006)

In re BWP GAS, LLC, Debtor. BWP Gas, LLC, Appellants-Plaintiffs, v. The GHK Company, LLC, GHK/Potato Hills Limited Partnership, Brian Egolf, Robert S. May, and Robert Heffner, Appellees-Defendants.

United States District Court, E.D. Pennsylvania.

October 23, 2006.


Attorney(s) appearing for the Case

Allen B. Dubroff, Elkins Park, PA, pro se.

Howard Gershman, Flamm, Boroff and Bacine, Blue Bell, PA, Reid E. Robison, McAfee & Taft, Oklahoma City, OK, for Appellees-Defendants.

Michael V. Blumenthal, New York, NY, for Appellants-Plaintiffs.

United State Trustee, Philadelphia, PA, pro se.


MEMORANDUM AND ORDER

ANITA B. BRODY, District Judge.

Appellant-debtor BWP Gas appeals from the bankruptcy court's discretionary abstention from an adversary proceeding and subsequent order to "transfer" the proceeding to a state court. Because the bankruptcy court has no power — statutory or inherent — to send a proceeding to a state court from whence it never came, the transfer order is vacated and the proceeding is remanded to the...

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