In re Smith (01-12537, Adv. No. 03-01004)

A debtor who seeks to enjoin a criminal prosecution for bad checks can survive a Rule 12(b)(6) motion by showing (1) a threat of great and immediate injury by alleging some bad faith in the criminal case; and (2) the necessity of an injunction to protect a federal right by showing that he is unable to raise a defense in the state court based on his allegation of bad faith.

Thursday, June 12, 2003