Bankr. E.D.N.C.: In re Stephenson- Relief from Stay for Trial Court to Enter Final Judgment

Summary:

Camp Flintlock, Inc. filed an emergency Motion for Relief from Stay after the Debtors filed Chapter 7 one day prior to a state court hearing to enter a final judgment for damages, a permanent injunction against the Debtors, and a final order for contempt and discovery sanctions, in a case that had lasted for four years.

The bankruptcy court found that sufficient cause existed to the lift the automatic stay and allow the trial court “the largely ministerial task” of entering final judgment as it had expended substantial time and energy to bring these matters to a conclusion, and it was a day away from doing so. Further, a written final order from the trial court would help in any future proceedings in the bankruptcy court. The enforcement of any monetary judgment was nonetheless stayed. Neither any criminal contempt nor non-monetary enforcement of a permanent injunction was stayed.

For a copy of the opinion, please see:

Stephenson- Relief from Stay for Trial Court to Enter Final Judgment.pdf

About

1. Bachelor of Arts degree in English Literature from Washington University, 1993. 2. Juris Doctor degree from George Washington University, 1996. Admissions to Practice of Law: North Carolina Bar, 1996. Federal District Courts for the Eastern and Middle Districts of North Carolina. Specialty Certification: North Carolina State Bar: Certified as a Specialist in Consumer Bankruptcy. Areas of Practice: Practice limited to consumer and business debtor bankruptcy law, 1998 to present. Memberships: National Association of Consumer Bankruptcy Attorneys (NACBA). North Carolina Academy of Trial Lawyers (NCATL). North Carolina Bar Association, Bankruptcy Section. Lectures prepared and presented: North Carolina Academy of Trial Lawyers seminar on bankruptcy; Topic: Counseling the Consumer Debtor Prior to Court - C.Y.A. Forms to Help 'Gird They Loins'; 2001. Middle District Bankruptcy Seminar; Topic: Preparing Chapter 13 Plans; 2002. NACBA National Convention; Topic: Efficient Office Practices; 2003. NACBA National Convention; Topic: Chapter 7 vs. Chapter 13 Debates; 2004. Middle District Bankruptcy Seminar; Topic: Chapter 7 & 13 Hot Issues; 2004. Positions held: NACBA National Convention; Convention Chair; 2008. NACBA National Convention; Panel Moderator: Topic: Basic Bankruptcy Issues; 2008. NACBA National Convention; Panel Moderator; Topic: Chapter 13-Disposable Income and Other Issues; 2007. NACBA National Convention; Panel Moderator; Topic: Representing Members of the Military and Their Families; 2007. NACBA, Member of National Board of Directors, 2006 to present. NCATL, Chair of the Bankruptcy Section, 2003 to 2007. NACBA, Chair of the North Carolina Section, 2003 to 2007. NC Bar Association, Bankruptcy Section, Bankruptcy Council Member, 2004 to present.

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