Although no circuit courts have addressed the Miller rationale, a number of bankruptcy courts and district courts have applied it. See, e.g.,In re Hillsborough Holdings Corp., 130 B.R. 603, 605-06 (Bankr.M.D.Fla.1991) (holding that the debtor was not protected from participating in discovery by section 362(a), but recognizing that " under appropriate circumstances it is proper to โ extend the automatic stayโ to protect the non-debtors against discovery proceedings" ); In re Richard B. Vance & Co., 289 B.R. 692, 697 (Bankr.C.D.Ill.2003) (noting that although " there are valid arguments to the contrary, it is now generally accepted that discovery pertaining to claims against the bankrupts' codefendants is not stayed" ); Peter Rosenbaum Photography Corp. v. Otto Doosan Mail Order Ltd., Civ. A. No. 04-0767, 2004 WL 2973822, at *3 (N.D.Ill. Nov.30, 2004) (relying on Miller and finding that discovery may proceed against a debtor provided that the discovery is directed towards the claims of non-debtor defendants).
Although no circuit courts have addressed the Miller rationale, a number of bankruptcy courts and district courts have applied it.See, e.g., In re Hillsborough Holdings Corp., 130 B.R. 603, 605-06 (Bankr. M.D. Fla. 1991) (holding that the debtor was not protected from participating in discovery by section 362(a), but recognizing that "under appropriate circumstances it is proper to `extend the automatic stay' to protect the non-debtors against discovery proceedings"); In re Richard B. Vance Co., 289 B.R. 692, 697 (Bankr. C.D. Ill. 2003) (noting that although "there are valid arguments to the contrary, it is now generally accepted that discovery pertaining to claims against the bankrupts' codefendants is not stayed"); Peter Rosenbaum Photography Corp. v. Otto Doosan Mail Order Ltd., Civ. A. No. 04-0767, 2004 WL 2973822, at *3 (N.D. Ill. Nov. 30, 2004) (relying on Miller and finding that discovery may proceed against a debtor provided that the discovery is directed towards the claims of non-debtor defendants).
See e.g., Maritime Electric Co., Inc., 959 F.2d 1194 (3d Cir.1991) (holding that the automatic stay of section 362(a) only applies to proceedings against a debtor, not addressing section 105, but noting that the "automatic stay may be extended to non-bankrupt codefendants in unusual circumstances") (citing A.H. Robins Co., Inc., v. Piccinin, 788 F.2d 994, 999 (4th Cir.)); In re Miller, 262 B.R. 499 (9th Cir. BAP 2001) (holding that the automatic stay did not preclude the debtor from participating in discovery requests pertaining to claims against non-debtor defendant and basing decision on section 362 of the Code only); In re Hillsborough H'ldgs. Corp., 130 B.R. 603, 606 (Bankr.M.D.Fla.1991) (granting Chapter 11 debtor's co-defendant relief from the automatic stay to conduct discovery while noting "there is no doubt that a debtor might obtain the relief sought by seeking injunctive relief based on ยง 105 of the Code[.]"); Peter Rosenbaum Photography Corp. v. Otto Doosan Mail Order Ltd., 2004 WL 2973822 (N.D.Ill. Nov. 30, 2004) (failing to discuss section 105).