Gazzo v. Ruff (In re Gazzo)
United States Bankruptcy Court, D. Colorado
1Opinion of the Court
(Chapter 7)
MEMORANDUM OPINION AND ORDER (1) TREATING DEFENDANTS’ MOTION TO DISMISS COMPLAINT AS MOTION FOR SUMMARY JUDGMENT; (2) DENYING THE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND MOTION FOR SANCTIONS; AND (3) GRANTING THE PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT
Sidney B. Brooks, United States Bankruptcy Judge
This case requires the Court to examine the lines drawn by the Bankruptcy Code between the broad reach of the automatic stay and the narrow exceptions from the stay for creditors to proceed with state court litigation under certain tailored and very specific circumstances, and,…
2Cases cited18 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Bones v. Honeywell International, Inc.Court of Appeals for the Tenth Circuit · 2004
- Whitesel v. Jefferson CountyCourt of Appeals for the Tenth Circuit · 2000
- In Re Charles Stringer, Ii, Debtor. Charles Stringer, Ii, Debtor-Appellant v. Aristela Huet, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1988
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3Cited by3 opinions
- In re Dougherty-KelsayUnited States Bankruptcy Court, E.D. Kentucky · 2019
- Foster v. Burns (In re Foster)United States Bankruptcy Court, D. Maine · 2017
- Sender v. Golden (In re Golden)United States Bankruptcy Court, D. Colorado · 2015