In re Holtkamp

669 F.2d 505 (1982)

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In re Holtkamp

United States Court of Appeals for the Seventh Circuit
669 F.2d 505 (1982)

DM

Facts

In 1980, Charles Holtkamp and Holtkamp Farms, Inc. (collectively, Holtkamp) (defendant) filed a Chapter 11 bankruptcy petition. The filing was made five days before Holtkamp was scheduled to defend a personal-injury lawsuit brought against him by Ronald Littlefield (plaintiff). Holtkamp’s bankruptcy petition automatically stayed the trial. Littlefield sought an immediate hearing in the bankruptcy court for a lifting of the stay. The court granted Littlefield’s request but barred him from enforcing any judgment arising from the lawsuit. After a jury trial, Littlefield was awarded a $5,025,000 judgment. Holtkamp appealed the lifting of the stay.

Rule of Law

Issue

Holding and Reasoning (Bauer, J.)

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