ABSTENTION
abstention. 1. The act of withholding or keeping back (something or oneself); esp., the
withholding of a vote. 2. A federal court's relinquishment of jurisdiction when necessary to avoid needless conflict with a state's administration of its own affairs. 3. The legal principle underlying such a relinquishment of jurisdiction. Cf. COMITY; OUR FEDERALISM. [Cases: Federal Courts 41–65. C.J.S. Bankruptcy §§ 16, 40.]
ABSTENTION
abstention. 1. The act of withholding or keeping back (something or oneself); esp., the
withholding of a vote. 2. A federal court's relinquishment of jurisdiction when necessary to avoid needless conflict with a state's administration of its own affairs. 3. The legal principle underlying such a relinquishment of jurisdiction. Cf. COMITY; OUR FEDERALISM. [Cases: Federal Courts 41–65. C.J.S. Bankruptcy §§ 16, 40.]
ABSTENTION
abstention. 1. The act of withholding or keeping back (something or oneself); esp., the
withholding of a vote. 2. A federal court's relinquishment of jurisdiction when necessary to avoid needless conflict with a state's administration of its own affairs. 3. The legal principle underlying such a relinquishment of jurisdiction. Cf. COMITY; OUR FEDERALISM. [Cases: Federal Courts 41–65. C.J.S. Bankruptcy §§ 16, 40.]
abstention. 1. The act of withholding or keeping back (something or oneself); esp.,
the withholding of a vote. 2. A federal court's relinquishment of jurisdiction when necessary to avoid needless conflict with a state's administration of its own affairs. 3. The legal principle underlying such a relinquishment of jurisdiction. Cf. COMITY; OUR FEDERALISM. [Cases: Federal Courts 4165. C.J.S. Bankruptcy 16, 40.] Burford abstention. A federal court's refusal to review a state court's decision in cases involving a complex regulatory scheme and sensitive areas of state concern. Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098 (1943). Colorado River abstention. A federal court's decision to abstain while relevant and parallel state-court proceedings are underway. Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236 (1976). equitable abstention. A federal court's refraining from interfering with a state administrative agency's decision on a local matter when the aggrieved party has adequate relief in the state courts. permissive abstention. Abstention that a bankruptcy court can, but need not, exercise in a dispute that relates to the bankruptcy estate but that can be litigated, or is being litigated, in another forum. In deciding whether to abstain, the bankruptcy court must consider (1) the degree to which state law governs the case, (2) the appropriateness of the procedure to be followed in the other forum, (3) the remoteness of the dispute to the issues in the bankruptcy case, and (4) the presence of nondebtor parties in the dispute. 28 USCA 1334(c)(1). [Cases: Federal Courts 47.5.]