Order dismissing Debtor’s counterclaims without prejudice, remanding the case back to the Magistrate Court of Clayton County, Georgia. Case originated in state trial court from a Dispossessory Action that sought eviction of Debtor post-foreclosure sale of his property. Pro se Debtor filed a voluntary Chapter 13 Petition, later converted to a Chapter 7. Debtor then removed the Dispossessory Action from the Magistrate Court of Clayton County to the Bankruptcy Court of the Northern District of Georgia. The Court determined that it did not have “related to” jurisdiction in accordance with 28 U.S.C. § 1334(b) because Debtor’s Chapter 7 case had been discharged on findings that the estate contained no assets and had been fully administered, and therefore the adversary proceeding could not have any conceivable effect on Debtor’s bankruptcy estate.
Date:
09/04/2015