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In re Howrey LLP

In re Howrey LLP

Ruling
Relief from stay to allow debtor law firm to contest trustee's proceeding to avoid unfinished business waiver in declaratory relief action denied.
Procedural posture

A law firm moved for an order confirming that the automatic stay would be inapplicable or, in the alternative granting relief from the automatic stay, so that it could file a declaratory relief action against a chapter 11 trustee in a District of Columbia court. The motion was prompted by a threatened lawsuit against the law firm by the trustee to recover profits earned by the law firm on matters brought to it by a former member of the debtor.

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Commercial opinion summary, case decided on May 13, 2013 , LexisNexis #0613-076