Columbus Bank & Trust Co. v. Caves (In Re Caves)

MEMORANDUM OPINION

JOHN T. LANEY, III, Bankruptcy Judge.

On January 26, 2004, the Court held the final day of a multi-day hearing on the Motion of Columbus Bank & Trust Co. (“Movant”) for Relief from the Automatic Stay. The main issue was whether Movant should be granted relief from the stay to pursue its state court action against Sammy A. Caves (“Respondent”) and other co-defendants. At the conclusion of the hearing, the Court took the matter under advisement. The Court has considered the evidence, the parties’ briefs and oral arguments, as well as applicable statutory and case law. Under the…