- 12 - judgment or finding against third-party defendant will in effect be a judgment against the debtor.” A.H. Robins Co. v. Piccinin, 788 F.2d 994, 999 (4th Cir. 1986); see Amedisys, Inc. v. Natl. Century Fin. Enters., Inc., 423 F.3d 567, 577 (6th Cir. 2005); Patton v. Bearden, 8 F.3d 343, 349 (6th Cir. 1993). Any such stay, however, would not arise pursuant to the automatic stay provisions of 11 U.S.C. section 362(a) but rather pursuant to the bankruptcy court’s equitable power to issue an order as “necessary or appropriate to carry out the provisions” of the Bankruptcy Code, as provided by 11 U.S.C. section 105(a) (2000). See Amedisys, Inc. v. Natl. Century Fin. Enters., Inc., supra. “[R]equests for such relief can only be presented to the bankruptcy court.” Patton v. Bearden, supra at 349. Accordingly, consideration of any such relief lies beyond the purview of this Court. An appropriate Order will be issued.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011