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Joseph Allen Hartley v. Independence Bank (In re Hartley), Ch. 11, BK15-81898, A16-8004 (Mar. 4, 2016)

The debtors had previously filed a lender liability lawsuit in Rhode Island. Upon filing bankruptcy in Nebraska, the debtors filed an adversary proceeding containing the same allegations. The bankruptcy court granted relief from the automatic stay to the defendant to permit the Rhode Island litigation to proceed, based on the contract's forum selection clause naming Rhode Island as the agreed-upon forum and the status of the litigation there prior to the bankruptcy filing, as well as the plaintiffs' request for a jury trial, which would not be held in the bankruptcy court in any event.

Date: 
Friday, March 4, 2016
Judge: 
Judge Thomas L. Saladino