Seeley v. Church Buildings & Interiors, Inc. (In Re Church Buildings & Interiors, Inc.)

MEMORANDUM ORDER

ROBERT L. BERRY, Bankruptcy Judge.

Statement of the Case

On April 23, 1981, Thad H. Seeley, a judgment creditor of the defendant-debtor CBI and plaintiff herein, filed an involuntary bankruptcy petition against CBI. In his petition Seeley alleged that certain transfers of security interests from CBI to the Republic Bank, codefendant herein, were preferential. On April 24, 1981, Seeley filed a complaint seeking relief from the automatic stay provisions of 11 U.S.C. § 362 to allow the continuance of a pending state court garnishment action against Republic Bank.

On June 30, 1981, a…