Very often in the course of a bankruptcy proceeding, a creditor with a pending lawsuit against the debtor will need to obtain relief from the automatic stay in order to continue to prosecute the pre-petition litigation. For example, personal injury claimants who seek to recover solely against an insurance policy of a debtor may obtain
Motion for Relief from Stay
Dirt-for-Debt, or Just Dirt: Judge Carey’s Latest Decision in All Land Investments, LLC
By Fox Rothschild LLP on
Posted in Opinions
Summary
In a 28 page decision dated March 9, 2012, Judge Carey of the Delaware Bankruptcy Court denied confirmation of a debtor’s plan and granted the motion to lift the automatic stay filed by a creditor with a lien against a majority of the debtor’s assets. Judge Carey’s opinion is available here (the “Opinion”). A…