context: As the Trustee observes, the issue of rejection of the Epic Orange contract has been pending in this court since at least July 2004, and Epic was made party to the state foreclosure action in October 2004, yet Epic Orange did not raise the abstention issue until January 21, 2005, and did not make a separate motion until February 15, 2005. Under the circumstances, the Court agrees with the Trustee that the request for abstention is not timely.
citation_a.signal: see also
citation_a.identifier: 165 B.R. 450, 452
citation_a.parenthetical: denying motion to abstain as untimely when filed nearly four months after complaint
citation_a.sentence: See In re AHT Corp., 265 B.R. 379, 384 (Bankr.S.D.N.Y.2001) (defendants’ motion to abstain not timely when filed some 2-1/2 months after complaint and one day before defendants’ long-extended deadline to answer, and where defendants had already “utilized the substantive process” of court “on a matter going to the merits”); see also In re Waugh, 165 B.R. 450, 452 (Bankr.E.D.Ark.1994) (denying motion to abstain as untimely when filed nearly four months after complaint).
citation_b.signal: see
citation_b.identifier: 265 B.R. 379, 384
citation_b.parenthetical: defendants' motion to abstain not timely when filed some 2-1/2 months after complaint and one day before defendants' long-extended deadline to answer, and where defendants had already "utilized the substantive process" of court "on a matter going to the merits"
citation_b.sentence: See In re AHT Corp., 265 B.R. 379, 384 (Bankr.S.D.N.Y.2001) (defendants’ motion to abstain not timely when filed some 2-1/2 months after complaint and one day before defendants’ long-extended deadline to answer, and where defendants had already “utilized the substantive process” of court “on a matter going to the merits”); see also In re Waugh, 165 B.R. 450, 452 (Bankr.E.D.Ark.1994) (denying motion to abstain as untimely when filed nearly four months after complaint).