Legal Opinion
In re Sweports, Ltd.
United States Bankruptcy Court, N.D. Illinois
Decided August 15, 2012No. 12 B 14254PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
A. BENJAMIN GOLDGAR, Bankruptcy Judge.
Most requests for relief from the automatic stay come from a party wanting to take action against a debtor or against property of the bankruptcy estate. Debtors often resist these requests. This case presents the unusual picture of a debtor seeking relief from the stay to permit a civil action against it to go forward and the plaintiff in the action resisting stay relief. Sweports Ltd. (“Sweports”), an alleged debtor in an involuntary chapter 11 case, has moved for relief from the stay to permit a declaratory judgment action against it…
2Cases cited24 opinions
- Powers v. OhioSupreme Court of the United States · 1991
- Pennsylvania Department of Corrections v. YeskeySupreme Court of the United States · 1998
- Elk Grove Unified School District v. NewdowSupreme Court of the United States · 2004
- Shanahan v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1996
- In Re Comcoach Corporation, Debtor-Appellee, the Roslyn Savings Bank v. Comcoach CorporationCourt of Appeals for the Second Circuit · 1983
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3Cited by5 opinions
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- Pinpoint IT Services, LLC v. Atlas IT Export, LLC (In re Atlas IT Export, LLC)Bankruptcy Appellate Panel of the First Circuit · 2013
- D/C Distribution, LLCUnited States Bankruptcy Court, N.D. Illinois · 2020
- In Re: Eileen FogartyCourt of Appeals for the Second Circuit · 2022
- Palladino v. HSBC Bank TrusteeDistrict Court, N.D. Illinois · 2020