Chae v. Bennett

Creditor appealed from the orders of the bankruptcy court denying his requests for relief from the automatic stay and for abstention and remand. The court held that the bankruptcy court properly denied creditor's request for stay relief where there was no purpose for granting the stay since creditor's state court malpractice and negligence actions against debtor were dischargeable debts and his fraud claim was discharged when creditor failed to timely file an adversary proceeding. Further, there was no basis for an order of abstention and remand. Accordingly, the court affirmed the judgment of the bankruptcy court. View "Chae v. Bennett" on Justia Law