Case Name:
In re IML Freight, Inc.
Judge:
Judge Clark
Date:
Aug-9-1985
Case Number(s):
83C-1950
Status:
UNPUBLISHED
Body:
Plaintiffs in an employment discrimination action against debtor sought relief from stay to proceed with their pending action in Colorado district court. The court agreed with the parties that plaintiffs' motion was not a motion to withdraw the reference pursuant to 28 U.S.C. § 157(d), and determined that it was a core proceeding for relief from stay. The court reiterated the twelve factors applicable to modification of the automatic stay set forth in In re Curtis, 40 B.R. 795 (Bankr. D. Utah 1984). After balancing those factors, on the basis of only the parties' legal arguments, the court ruled that plaintiffs had established a legally sufficient basis for relief from stay.
Internal Ref:
Opinion 167
File: