Legal Opinion

In re Johnson

United States Bankruptcy Court, S.D. Ohio

Decided April 12, 2019No. Case No. 16-10798Published

1Opinion of the Court

Jeffrey P. Hopkins, United States Bankruptcy Judge

This matter is back before the bankruptcy court after nearly two years of protracted litigation in state court. The present case falls between the interstices of state and federal court jurisdiction. This occasionally happens when, as here, an order by a bankruptcy court is entered which modifies, annuls, and outright terminates the automatic stay under 11 U.S.C. § 362(d). As in this case, stay relief orders are very often entered so that a state court can liquidate causes of action by converting them into liability, or in bankruptcy parlance,…

2Cases cited18 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  3. Bankr. L. Rep. P 68,272 Gail Spilman v. Darryl M. HarleyCourt of Appeals for the Sixth Circuit · 1981
  4. In Re Dennis Amiel Calvert, Debtor. Bay Area Factors, a Division of Dimmitt & Owens Financial, Inc. v. Dennis Amiel CalvertCourt of Appeals for the Sixth Circuit · 1997
  5. Weddell v. H2O, INC.Nevada Supreme Court · 2012

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