In re Corner Pocket Billiards Inc.
Jan
17
2008
Ruling
Relief from stay granted to allow creditor to resolve wrongful death claim.
Procedural posture
Creditor moved for relief from the stay of 11 U.S.C. § 362(a) in order to continue state court litigation to resolve a wrongful death claim. The debtor objected, stating that the requested relief was premature until the state courts finalized the settlement issue. However, at the same time, the debtor asked the bankruptcy court to enforce the settlement agreement. Such a decision would have established the amount of the wrongful death claim.
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Court
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