Section 5.52 Prepetition Cases Against a Debtor
| Library | Bankruptcy Practice (2007 Ed. + 2015 Cum Supp) |
9. (§5.52) Prepetition Cases Against a Debtor
In deciding whether to lift the automatic stay to allow prepetition litigation against a debtor to proceed in a state forum, the court must balance the potential prejudice to the debtor, to the bankruptcy estate, and to the other creditors against the hardship to the moving party if it is not allowed to proceed in state court. In re Wiley,
288 B.R. 818 (B.A.P. 8th Cir. 2003). The following factors are relevant to such a decision:
· Judicial economy
· Trial...
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