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IN RE BLACK DIAMOND MINING COMPANY, LLC

Case No. 08-70066, No. 08-70067., 08-70069, 08-70070, 08-70071, 08-70072, 08-70073, Jointly Administered, Adversary No. 11-ap-07010-jms.

In re: BLACK DIAMOND MINING COMPANY, LLC, et al., IN PROCEEDINGS UNDER CHAPTER 11, Debtors. TAFT A. McKINSTRY, AS TRUSTEE OF THE BD UNSECURED CREDITORS TRUST Plaintiff, v. HAROLD E. SERGENT, IRA J. GENSER, LARRY TATE AND ALVAREZ & MARSAL NORTH AMERICA, LLC, Defendants.

United States Bankruptcy Court, E.D. Kentucky, Pikeville Division.

June 23, 2011.

MEMORANDUM OPINION

JOSEPH M. SCOTT, Bankruptcy Judge

This matter is before the Court on the Motion to Remand and Motion for Abstention filed by Plaintiff Taft A. McKinstry, as Trustee of the BD Unsecured Creditors Trust ("Trust") on February 21, 2011 [AP Doc. 17]1 ("Motion for Abstention"), which asks this Court to mandatorily abstain from hearing this case and remand it to the state court under 28 U.S...

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