Opinion
Case No. 05-41108-399, Motion No. 304.
April 25, 2005
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RELIEF FROM THE AUTOMATIC STAY FILED BY KENNETH L. SISK
At St. Louis, Missouri, in this district, this 25TH day of April, 2005.
Movant Kenneth L. Sisk filed his Motion for Relief from the Automatic Stay (the "Motion") seeking the termination of the automatic stay to allow Movant to pursue the Appeals pending in the United States Court of Appeals for the Sixth Circuit and underlying litigation filed in the United States District Court for the Eastern District of Tennessee, Northeastern Division. Debtor filed its timely Objection to the Motion. No other objections were filed to the Motion.
Debtor argued a substantial prejudice to Falcon, its creditors and the reorganization if Movant were permitted to proceed with his action. The parties acknowledged that with regard to the Appeals pending before the Circuit Court, the briefs have already been submitted and the Circuit Court has not set a date for oral argument. After the oral argument before this Court of the parties, it is hereby ORDERED that said Motion be and is hereby granted in part and denied in part. Movant is authorized to only proceed with oral argument in the action pending in the United States Court of Appeals for the Sixth Circuit against Falcon Products, Inc., and for the United States Court of Appeals for the Sixth Circuit to rule upon said appeal and for such purposes only, the automatic stay of 11 U.S.C. § 362 is hereby modified. Movant's Motion for Relief as to the underlying litigation in the District Court of Tennessee is denied, without prejudice.
No later than three (3) days business days after the date of this Order, Robert E. Eggmann is directed to serve a copy of the order on all parties-in-interest not served electronically and shall file a certificate of service no later then two (2) business days after service.