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PEERLESS INS. CO. v. RIVERA

No. 96-625-T.

208 B.R. 313 (1997)

PEERLESS INSURANCE COMPANY v. David RIVERA and Annie's, Inc.

United States District Court, D. Rhode Island.

May 8, 1997.

Attorney(s) appearing for the Case

Gerald C. DeMaria, Stephen B. Lang, Higgins, Cavanagh & Cooney, Providence, RI, for Appellant Peerless Ins. Co.

Jeffrey S. Michaelson, Michaelson & Michaelson, Providence, RI, for Appellee David Rivera.

Gregory W. Hamilton, Providence, RI, for Debtor Annie's Inc.

MEMORANDUM AND ORDER

Introduction

TORRES, District Judge.

Peerless Insurance Co. ("Peerless") has appealed from an order of the Bankruptcy Court denying Peerless' motion for relief from the automatic stay provision contained in 11 U.S.C. § 362(a)(1). The stay prevents Peerless from prosecuting a declaratory judgment action against the debtor, Annie's, Inc. ("Annie's") in which Peerless seeks a determination that a liability insurance...

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