· 5/27/2009
Kronemyer v. American Contractors Indemnity Co. (In Re Kronemyer)
Citations
- 405 B.R. 915
- 2009 Bankr. LEXIS 1317
- 2009 WL 1653127
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing appropriateness of granting relief from automatic stay to permit litigation in state court against surety of debtor
- reviewing de novo the bankruptcy court's determination that the party seeking relief from stay had an interest in property that was affected by the automatic stay
- approving the Curtis factors as 20 “appropriate, nonexclusive, factors to consider in deciding whether to grant relief from the 21 automatic stay to allow pending litigation to continue in another forum”
- court did not abuse discretion in granting creditor relief from stay to continue state court litigation despite a pending adversary proceeding
- although discussing allowance and' disal-lowance in the context of Chapter 7, the same concepts apply in Chapter 11
- “The decision of a bankruptcy court to grant relief from the automatic stay under § 362(d) is reviewed for an abuse of discretion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dunn, Markell, Pappas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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