Topic Abstention

Topic Abstention TopicsAbstention

Debtors will sometimes attempt to collaterally attack charging orders by bringing actions in federal court asserting various claims, and almost invariably the federation court will dismiss the debtor's case almost immediately on some theory or another, whether one of the abstention doctrines or, as in one case I myself had, under the Federal Anti-Injunction Act, on the basis that a federal court cannot or should not interfere with a pending state court proceeding.