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In re Resource Energy Techs. LLC

In re Resource Energy Techs. LLC

Ruling
Creditor did not violate stay by pursuing discovery against members of debtor LLC.
Procedural posture

A creditor of a bankruptcy debtor, a limited liability company, brought an action in state court against the debtor and its principal members which was stayed with regard to the debtor when the debtor filed its bankruptcy petition. The debtor moved to hold the creditor in contempt for pursuing discovery from the members in the state action in violation of the automatic bankruptcy stay.

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Commercial opinion summary, case decided on December 01, 2009 , LexisNexis #1209-111