In re Keeney

W.D. Missouri

In re Keeney

89 B.R. 1022, 1988 Bankr. LEXIS 2617, 1988 WL 92853

CourtDistrict Court, W.D. Missouri

DecidedSeptember 1, 1988

DocketBankruptcy No. 88-01373-C-11

StatusPublished

This text of 89 B.R. 1022 (In re Keeney) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Keeney, 89 B.R. 1022, 1988 Bankr. LEXIS 2617, 1988 WL 92853 (W.D. Mo. 1988).

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Opinion

MEMORANDUM OPINION

FRANK W. ROGER, Bankruptcy Judge.

Debtor filed an Application For Dissolution of Partnership. The evidence indicated that the alleged partnership was entered into and ceased doing business prior to the filing of the bankruptcy petition and that debtor actually was seeking permission to proceed in state court under Mo. R.S., Section 358.320. This is not a core proceeding nor does it arise out of any part of the post petition events. At best it is only related to any bankruptcy events. The Court, therefore, voluntarily abstains from any attempted dissolution and grants debtor permission to proceed in state court. In re Titan Energy, Inc., 837 F.2d 325 (8th Cir.1988). Any party to such a proceeding is granted relief from any application of the automatic stay to litigate any issues properly raised in such a proceeding and permitted to proceed to the point of final judgment but not as to levy and execution against any property of the estate.

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MEMORANDUM OPINION

FRANK W. ROGER, Bankruptcy Judge.

Debtor filed an Application For Dissolution of Partnership. The evidence indicated that the alleged partnership was entered into and ceased doing business prior to the filing of the bankruptcy petition and that debtor actually was seeking permission to proceed in state court under Mo. R.S., Section 358.320. This is not a core proceeding nor does it arise out of any part of the post petition events. At best it is only related to any bankruptcy events. The Court, therefore, voluntarily abstains from any attempted dissolution and grants debtor permission to proceed in state court. In re Titan Energy, Inc., 837 F.2d 325 (8th Cir.1988). Any party to such a proceeding is granted relief from any application of the automatic stay to litigate any issues properly raised in such a proceeding and permitted to proceed to the point of final judgment but not as to levy and execution against any property of the estate.

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Bluebook (online)

89 B.R. 1022, 1988 Bankr. LEXIS 2617, 1988 WL 92853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-keeney-mowd-1988.