In re Vanness

OPINION REGARDING MOTION FOR RELIEF FROM AUTOMATIC STAY

KLEIN, Bankruptcy Judge.

The problem is how to deal with motions for relief from automatic stay that also seek relief available only by adversary proceeding. The practice of adding to stay relief motions procedurally incorrect requests for injunctions or extraordinary equitable relief has become a nuisance. This opinion points out that — in addition to denying the motion or merely rejecting the inappropriate relief — another arrow in the court’s quiver is to accept procedurally incorrect requests at face value by deeming the motion to be a…