Diamond Hill Investment Co v. Shelden

This court in present decision misinterprets the relationship of present litigants to a completely disassociated bankruptcy stay for a result which only bails out a litigant from a pleading mistake. To achieve this end, federal bankruptcy law is misconstrued and consequently misapplied; thus, I dissent.

Although not directly raised in present appellate discussion, serious substantive factual questions exist as to the appropriateness and accuracy of the computation of amounts for which Thomas A. Shelden d/b/a Atria Architects (Atria) was given a priority claim and whether the lien claim lacked…