Paul J. Grella, Trustee v. Salem Five Cent Savings Bank

How courts have described this case

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

• stating that a motion for relief from the automatic stay is “analogous to a preliminary injunction hearing”
• stating that \the determi- nation of the issue must have been essential to the judgment\
• observing that essential issues can “constitute[], logically or practically, a necessary component of the decision reached in the prior litigation” without being explicitly identified in the decision
• explaining that 22 relief from the stay is \merely a grant of permission from 23 the court allowing the creditor to litigate its substantive 24 claims elsewhere without violating the automatic stay\
• noting that ___ basis for bankruptcy court decision was unclear, and observing that labels \res judicata\ and \collateral estoppel\ are ___ less important than substance of parties' argumentation in light of factual circumstances
• stating issue is actually litigated as long as it is “logically” necessary to court’s final decision

Source: CourtListener parenthetical corpus (CC0).