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In Re Crazy Eddie Securities Litigation

Citations: 104 B.R. 582; 1989 U.S. Dist. LEXIS 16780; 19 Bankr. Ct. Dec. (CRR) 1340; 1989 WL 111576Docket: 87 C 33

Court: District Court, E.D. New York; August 30, 1989; Federal District Court

Narrative Opinion Summary

In this case, the plaintiffs filed a motion to proceed with their legal action against all defendants except Crazy Eddie, Inc., which filed for Chapter 11 bankruptcy protection. The primary issue concerned the applicability of the automatic stay under Section 362(a) of the Bankruptcy Code, which halts proceedings against the debtor upon bankruptcy filing. The plaintiffs argued, and the court agreed, that this stay applies only to the debtor and not to non-bankrupt co-defendants. The defendants sought to extend the stay to themselves, referencing cases like In re Baldwin-United Corp. Litigation, but these were deemed inapplicable. The court found no 'unusual circumstances' to justify extending the stay, as the liabilities of non-debtor defendants do not impute to the debtor, nor are they joint tortfeasors with the debtor as the real party defendant. Furthermore, defendants could not claim entitlement to indemnity from the debtor. Consequently, the court ruled that the action could proceed against all defendants except Crazy Eddie, Inc., and it refrained from ruling on the issue of compelling the debtor to produce documents or permit depositions of its employees.

Legal Issues Addressed

Automatic Stay under Bankruptcy Code Section 362

Application: The automatic stay provision applies exclusively to the debtor, Crazy Eddie, Inc., and does not extend to non-bankrupt co-defendants.

Reasoning: Section 362(a) of the Bankruptcy Code establishes an automatic stay upon the filing of a Chapter 11 petition, which prevents all entities from initiating or continuing legal actions against the debtor for claims that arose prior to the case.

Extension of Automatic Stay to Non-Debtors

Application: The court finds no ground to extend the automatic stay to non-debtor defendants as their liabilities do not impute to the debtor nor involve joint tortfeasors.

Reasoning: The Second Circuit, in Teachers Ins. Annuity Ass'n of America v. Butler, clarified that this stay applies only to debtors and does not extend to non-bankrupt co-defendants.

Indemnity Claims Against the Debtor

Application: Non-debtor defendants cannot claim indemnity from the debtor as they are not entitled to protections under Chapter 11.

Reasoning: Additionally, no defendants who participated in wrongdoing against the Debtor can claim entitlement to indemnity.