In re Kadlecek
Nov
16
2011
Ruling
Relief from stay granted to allow unlisted creditor to pursue state court action.
Procedural posture
A bankruptcy debtor did not list a creditor in his schedules, and the creditor was unaware of the debtor's bankruptcy when it filed an action in state court against the debtor asserting claims under state law. The creditor moved pursuant to 11 U.S.C.S. § 362(d) for relief from the automatic bankruptcy stay nunc pro tunc to allow the state-court action to proceed.
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Court
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