In re Jackie G. and Patricia A. Williams; In re Circle B Enterprises, Inc. (03-70974; 03-71461)

The Court held a hearing on two Motions of Samuel P. Scott ("Movant") for Relief from the Automatic Stay to pursue an action against Jackie G. and Patricia A. Willliams and Circle B Enterprises, Inc. ("Respondents") in state court. Under the test articulated in In re South Oakes Furniture, Inc., 167 B.R. 307 (Bankr. M.D. Ga. 1994)(J. Walker), Movant was entitled to relief from the stay because the hardship to Movant to start over in Bankruptcy Court outweighed any hardship to Respondents if the case proceeded in state court where it had been pending for almost two years. Under the final prong of the test, the Court held that Movant had established a probability of prevailing on the merits.

Monday, December 8, 2003