(6th Cir. B.A.P. Dec. 16, 2015)
The Sixth Circuit B.A.P. affirms the decision of the bankruptcy court granting relief from the automatic stay so that the creditor can continue with state court litigation against the debtor. The court discusses the factors considered in deciding whether to lift the stay for prepetition litigation, but ultimately affirms the bankruptcy court. The state court litigation was further along than the bankruptcy, additional parties not involved in the bankruptcy were involved in the state court litigation, and the creditor had included a jury demand in state court. Opinion below.
Author: Matt Lindblom