Izzarelli v. Rexene Products Co. (In Re Rexene Products Co.)

How courts have described this case

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

• whether there is cause to lift the automatic stay must be determined on a case-by-case basis
• “Where neither prejudice to the bankruptcy estate nor interference with the bankruptcy proceeding is demonstrated, the desire of a stayed party to proceed in another forum is sufficient cause to warrant lifting the automatic stay.”
• “This theme is echoed in the equitable balancing test most courts apply to determine if cause exists to lift the stay [under section 362(d)(1)] to allow pending litigation to proceed or continue in another forum.”
• discussing historical reasons for protection of setoff rights

Source: CourtListener parenthetical corpus (CC0).