Barnes v. Barnes (In re Barnes)

MEMORANDUM OPINION

DOUGLAS 0. TICE, Jr., Bankruptcy Judge.

This contested matter comes before the court on the plaintiff’s motion for relief from stay to pursue state law remedies against the cash surrender value of a life insurance policy owned by the debtor, the benefits of which the plaintiff is the alleged assignee.

Preliminary hearing on the relief from stay was held on November 5, 1992, at which time the parties made oral stipulations and requested the court’s ruling. However, since the debtor’s chapter 7 trustee had not responded to the motion, the court set the matter for final hearing…