Polytop Corp. v. Globe Plastics, Inc. (In re Polytop Corp.)

ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

The issue is whether the Defendant, Globe Plastics, Inc., violated a July 16,1979 restraining order by filing a complaint against the Debtor, Polytop Corporation, in the Superior Court of California.

The facts are not in dispute. The Debtor filed a Chapter 11 petition on July 16,1979, and on that same day this Court issued an order which prohibited the commencement of any action against the Debtor. After obtaining Court approval, the Debtor sold certain assets to Globe. Then, on November 12,1980, with knowledge of the July 16 order, Globe filed a…