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).

Cited by

9 cases in this archive cite this case.

• Palmdale Hills Property, LLC v. Lehman Commercial Paper, Inc.
  Ninth Circuit· 2011-08-03· cited 132×
• Lehman Commercial Paper, Inc. v. Palmdale Hills Property, LLC (In Re Palmdale Hills Property, LLC)
  Ninth Circuit· 2009-12-15· cited 29×
• Copeland v. Kandi (In Re Copeland)
  W.D. Washington· 2010-08-16· cited 10×
• Hi-Tech Communications Corp. v. Poughkeepsie Business Park, LLC (In Re Wheatfield Business Park, LLC)
  Ninth Circuit· 2004-04-02· cited 8×
• In re Bennett
  E.D. Pennsylvania· 2015-04-07· cited 3×
• Curry v. Castillo (In Re Castillo)
  Ninth Circuit· 2000-04-19· cited 2×
• Stokes v. 1st American Title Compan
  Montana Supreme Court· 2017-11-07· cited 1×
• Stanwyck v. Beilinson
  Ninth Circuit· 2004-04-28· cited 1×
• In re: Censo, LLC
  Ninth Circuit· 2022-04-05