Bankruptcy Court Middle District of Tennessee
PAMELA HERZBERG’S MOTION FOR RELIEF FROM AUTOMATIC STAY TO PURSUE STATE COURT LAWSUIT AGAINST DEBTOR
Before this Court is John Nichols Shelton (Tn. BPR#019592), Attorney at Law, and, on behalf of potential judgment creditor Pamela Herzberg, files pursuant to 11 U.S.C. (d)(1) and Rule 4001 of the Federal Rules of Bankruptcy Procedure, the foregoing Motion for Relief from Automatic Stay in order to pursue the Exhibit A jury trial action against debtor Bauman in the Wilson County, Tennessee state Court.
NOTICE OF OPPORTUNITY TO OBJECT AND FOR HEARING
Pursuant to Local Rules of this Court, the Court may consider this matter without further notice or hearing unless a party in interest files an objection.
If you file and serve an objection within the time permitted, the Court will schedule a hearing and you will be notified. If you do not file an objection within the time permitted, the Court will consider that you do not oppose the granting of the relief requested in this paper and may grant relief requested without further notice or hearing.
Attached hereto as Exhibit A is a copy of the Amended Complaint in the state court action with same alleging actions that and causes that may result in nondischargeable debt owed to potential judgment creditor Pamela Herzberg.
In support of her motion, Movant Herzberg states as follows:
1. A Voluntary Chapter 7 Petition was filed by debtor Bauman only 2 or 3 days before the trial was set in the Ex. A state court matter.
2. Allegations in the Ex. A state Court action show to this Honorable Court that the jury trial judgment form the Ex. A state court action may be nondischargeable debts.
3. Movant Herzberg therefore desires to move forward with the Ex. A state Court action claims and jury trial.
WHEREFORE, Movants pray that they be granted relied from the automatic stay, that they be allowed to proceed with the state court action as described in the Ex. A Amended Complaint.
View Motion and Complaint (View Civil Suit Mentioned against Kathryn Bauman)