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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.
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Last modified: May 25, 2011