IN RE ENCOMPASS SERVICES CORP.

Bankruptcy No. 02-43582-11. Adversary No. 05-3465.

337 B.R. 864 (2006)

In re ENCOMPASS SERVICES CORPORATION, et al., Debtor. Gilbane Building Company, Plaintiff, v. Air Systems Inc. (fka Air Systems Acquisition, Inc.), Todd A. Matherne as Disbursing Agent, Encompass Services Holding Corp., and the Board of Regents of the University of California, Defendants.

United States Bankruptcy Court, S.D. Texas, Houston Division.

January 26, 2006.


Attorney(s) appearing for the Case

Weil Gotshal et al., Houston, TX, for Debtor.


MEMORANDUM OPINION ON ASA'S MOTION (i) TO ABSTAIN, OR ALTERNATIVELY (ii) FOR DISMISSAL OR SUMMARY JUDGMENT

JEFF BOHM, Bankruptcy Judge.

I. INTRODUCTION

This adversary proceeding presents an interesting attempt at using the Bankruptcy Code as a mechanism for forum shopping. In 2001, the plaintiff, Gilbane Building Company (Gilbane), entered into a contract with Air Systems Incorporated (ASI), which at the time was a wholly owned subsidiary...

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