Thought Leadership
SOME COURTS ARE ABSTAINING FROM ABSTENTION
CBI principal Dan Glosband explains the details of abstention in an article in the October 2020 American Bankruptcy Institute Journal. In his view, as one of the primary draftsmen of chapter 15, the courts have improperly interpreted 28 U.S.C. §1334 with respect to permissive abstention. While courts may not abstain from deciding an application for recognition, they should be free to abstain from proceedings arising in or related to a case under chapter 15.