Roberts

This is an appeal pursuant to 28 U.S.C. § 158 (a) by William Sing Mock and Young Kay Mock in their individual capacities and as Trustees under a Trust Agreement dated September 4, 1984 (hereinafter “defendants”) from an order of the United States Bankruptcy Court denying defendants’ motion for mandatory abstention under 28 U.S.C. § 1334 (c)(2).

I. BACKGROUND

In June of 1985, defendants engaged in an Internal Revenue Code § 1031 exchange agreement, as a result of which they became the owners of certain real property located at 7217 Greenback Lane, Sacramento, California (hereinafter “property”) and individually assumed a promissory note payable to the debtors John and Donna McFadyen (hereinafter “debtors”). Complaint, ¶ 10. The note was secured by a deed of trust on the property. Complaint, 1111. As part of the same transaction, the property was leased by the defendants to Burgers, Bakery & Beverages, Inc. (hereinafter “B, B & B”), a corporation wholly owned by the debtors. Complaint, II21. The parties agreed in the note that payments due under the note could be withheld from the debtors if the lease payments were not made to the defendants under the lease with B, B, &…