Sound Rivers, Inc. v. Taylor (In re Taylor)

摘要

Based on the foregoing, plaintiffs' motion for summary judgment is ALLOWED as specifically plead and defendants' motion for summary judgment is DENIED. The court recalls plaintiffs previously sought relief from the automatic stay in the underlying bankruptcy. On October 8, 2015, the court entered an Order Setting Deadlines, which ordered the automatic stay would remain in effect pending further order of this court. The court does not find this order allowing plaintiffs' motion for summary judgment to alter the Order Setting Deadlines. However, inasmuch as the determination of summary judgment in this Adversary Proceeding on the limited basis of what constitutes a claim may change the parties' positions regarding relief from the automatic stay, the court will entertain a request for the rescheduling of plaintiffs' motion for relief from the stay.