In Re Holtkamp

669 F.2d 505 (1982)

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Nature of the Case

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Facts

Littlefield (P) sued Ds in a civil action for personal injury. Five days before the trial was scheduled to begin, D filed voluntary bankruptcy petitions under Chapter 11. P's personal injury claim as an unsecured debt. P's suit was stayed under § 362(a). P filed adversary proceedings in the bankruptcy court seeking an emergency hearing to lift the stay. The court granted P's request to permit the personal injury suit to proceed to judgment but prohibited P from attempting to collect any judgment. A $5,025,000 judgment was entered in P's favor. D appealed contending that § 362(d) applied only to secured creditors.