Bechtold

Bechtold v. Gillespie (In re Gillespie)

Good Law
499 B.R. 726
United States Bankruptcy Court, Northern District of CaliforniaSeptember 9, 2013Adv. Pro. No. 09-5208-ASW; Adv. Pro. No. 09-5208-ASWCalifornia4,179 words

Opinion

Lead Opinion

Weissbrodt, J.

Chapter

MEMORANDUM DECISION AND ORDER ON RAYMOND A. BECH-TOLD’S MOTION AND RENEWED MOTION TO GRANT PLAINTIFF LEAVE TO PURSUE JUDGMENT REMEDIES

This matter is before the Court on the Motion and Renewed Motion of Plaintiff Raymond A. Bechtold (“Bechtold”) to Allow Plaintiff to Enforce State Court Judgment, and for Determination That Doing So Will Not Violate Bankruptcy Court Orders (the “Motion”). Bechtold is represented by attorney Marc L. Shea and Defendant Paul Gillespie (“Gillespie”) is represented by attorney Wayne Silver.

The Court has considered the papers filed in support and opposition to the Motion and the arguments of the parties. For the reasons set forth below, the Motion is denied.

I. FACTS

Gillespie filed a voluntary chapter 7 petition on June 30, 2009. On the same date, Gillespie also filed a chapter 7 case for his wholly-owned corporation, Dymatix, Inc. (Case No. 09-55233).

Bechtold moved for relief from the automatic stay in both cases, seeking to pursue a pending state court action — Raymond Bechtold v. Paul D. Gillespie, et al., Santa Clara County Superior Court Case No. 1-08-CV-l19735 (the “State Court Litigation”) — which sought, among other things, the…

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