Eisinger v. Way (In Re Way)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• primary policy considerations do not exist where debtor has initiated a lawsuit against a creditor
• primary policy considerations do not exist where debtor has initiated a lawsuit against a creditor
• because a counterclaim is an independent cause of action, relief from stay must be sought to continue its prosecution
• automatic stay does not prevent a debtor or trustee from continuing to prosecute a prepetition lawsuit, nor does it prevent a defendant from defending itself in such a lawsuit
• “The primary purposes of 11 § 362 do not apply, however, to offensive actions by a debtor or 12 bankruptcy trustee, as the same policy considerations do not 13 exist where the debtor has initiated a prepetition lawsuit 14 against a creditor.”
• panel reviews questions of law de novo

Source: CourtListener parenthetical corpus (CC0).