In Re Michael J. Kissinger, Debtor. Thomas Mataya, Creditor-Appellee v. Michael J. Kissinger, Debtor-Appellant, 72 F.3d 107 (9th Cir. 1995). · Go Syfert
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In Re Michael J. Kissinger, Debtor. Thomas Mataya, Creditor-Appellee v. Michael J. Kissinger, Debtor-Appellant, 72 F.3d 107 (9th Cir. 1995). Cases Citing This Book View Copy Cite
118 citation events (98 in the last 25 years) across 31 distinct courts.
Strongest positive: Marilynn Lynn Thomason (idb, 2021-11-17)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Marilynn Lynn Thomason
Bankr. D. Idaho · 2021 · confidence medium
Waste Corp.), 129 F.3d 1052 , 1054–55 (9th Cir. 1997); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir. 1995).
discussed Cited as authority (rule) Marguerite Potter (2×) also: Cited "see"
Bankr. D.N.J. · 2021 · confidence medium
Although actions taken in violation of the stay are deemed void, such actions may be at 127-28; Inre Kissinger, 72 F.3d 107, 109 (9th Cir. 1995).
discussed Cited as authority (rule) Aerodynamics Incorporated v. Caesars Entertainment Operating Company, Inc.
D. Nev. · 2020 · confidence medium
Plaintiffs’ motion to voluntarily dismiss bankrupt defendant Via Airlines 13 Caesars Entertainment Operating Company, Inc. argues that I should deny plaintiffs’ 14 four-sentence dismissal motion because it is not fully supported.21 That assessment is accurate. 15 Plaintiffs fail to analyze whether the act of dismissing bankrupt defendant Via Airlines is 16 prohibited by 11 U.S.C. § 362’s automatic stay, which was in effect when the motion was filed. 17 Plaintiffs also fail to address the Ninth Circuit’s long-standing instruction that dismissing a 18 19 15 Dean v. Trans World Airlines,…
discussed Cited as authority (rule) Oya v. Wells Fargo Bank N.A.
S.D. Cal. · 2019 · confidence medium
Id. (“With that understanding, section 362(d) gives the court the power 20 to ratify retroactively any violation of the automatic stay which would otherwise be void.”). 21 See also In re Kissinger, 72 F.3d 107, 108-09 (9th Cir. 1995) (citing In re Schwartz for the 22 proposition that bankruptcy courts have power to grant retroactive relief from an automatic 23 stay). 24 Plaintiffs then cite Bankruptcy Appellate Panel (“BAP”) cases and a Third Circuit 25 case suggesting that they are entitled to § 362(k) damages, notwithstanding an order 26 retroactively validating the violation of a b…
discussed Cited as authority (rule) Manuela Q. Franco and Associated Case in US District Court (2×)
Bankr. D.N.M. · 2019 · confidence medium
In re Soares, 107 F.3d at 977 (annulment should be the “long-odds exception” with facts that are “both unusual and unusually compelling”); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir. 1995) (only in extreme circumstances); Schumann, 546 B.R. at 228 (rare); In re Pulley, 196 B.R. 502, 504 (Bankr.
cited Cited as authority (rule) In re Rupari Holding Corp.
Bankr. D. Del. · 2017 · confidence medium
In re Myers, 491 F.3d 120, 127 (3d Cir. 2007) (citing In re Siciliano, 13 F.3d 748, 750 (3d Cir. 1994); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir. 1995)). .
cited Cited as authority (rule) In re Russell
Bankr. D. Mont. · 2017 · confidence medium
Mont. 2003); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108-109 (9th Cir. 1995).
cited Cited as authority (rule) In re Pederson
Bankr. D. Mont. · 2017 · confidence medium
Mont. 2003); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108-109 (9th Cir.1995).
discussed Cited as authority (rule) Peter Kvassay v. Robert Kvassay (2×) also: Cited "see"
9th Cir. · 2016 · confidence medium
In re Kissinger, 72 F.3d 107, 108-09 (9th Cir.1995).
discussed Cited as authority (rule) In re: Estavan Capital LLC
9th Cir. BAP · 2015 · confidence medium
Groshong v. Sapp 10 (In re Mila, Inc.), 423 B.R. 537, 542 (9th Cir. BAP 2010); 11 In re Leisure Corp., 234 B.R. 916, 920 (9th Cir. BAP 1999); Mataya 12 v. Kissinger (In re Kissinger), 72 F.3d 107, 108-09 (9th Cir. 13 1995).
discussed Cited as authority (rule) In re: Estavan Capital LLC
9th Cir. BAP · 2015 · confidence medium
Groshong v. Sapp 10 (In re Mila, Inc.), 423 B.R. 537, 542 (9th Cir. BAP 2010); 11 In re Leisure Corp., 234 B.R. 916, 920 (9th Cir. BAP 1999); Mataya 12 v. Kissinger (In re Kissinger), 72 F.3d 107, 108-09 (9th Cir. 13 1995).
discussed Cited as authority (rule) In re McCrimmon
Bankr. D. Md. · 2015 · confidence medium
In its decision in Wiencko, the Fourth Circuit stated that under 11 U.S.C. § 362 (d), "bankruptcy courts have the discretion to annul the automatic stay retroactively for cause in order to rehabilitate stay violations.” 99 Fed.Appx. at 468 (citing Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108-09 (9th Cir.1995)). .
cited Cited as authority (rule) In re Reisbeck
Bankr. D. Mont. · 2014 · confidence medium
B.R. 468, 477-78 (Bankr.D.Mont.2003); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108-109 (9th Cir.1995).
cited Cited as authority (rule) In re: NORMA CERALDE, AKA Michael A. Henry, AKA Nolan A. Smith
9th Cir. BAP · 2013 · confidence medium
Mataya v. Kissinger 10 (In re Kissinger), 72 F.3d 107, 108 (9th Cir. 1995).
discussed Cited as authority (rule) York v. State
Tex. · 2012 · confidence medium
Sikes v. Global Marine, Inc., 881 F.2d 176, 178 (5th Cir.1989); Soares v. Brockton Credit Union, 107 F.3d 969, 976-977 (1st Cir.1997); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir. 1995); In re Siciliano, 13 F.3d 748, 751 (3d Cir. 1994). .
cited Cited as authority (rule) In Re Gonzalez
Bankr. C.D. Cal. · 2011 · confidence medium
Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir.1995).
discussed Cited as authority (rule) Groshong v. Sapp (In Re Mila, Inc.)
9th Cir. BAP · 2010 · confidence medium
Section 362(d)(1) authorizes the bankruptcy court broad discretion to grant relief from the automatic stay imposed under section 362(a) for “cause.” Such relief may include “terminating, annulling, modifying, or conditioning such stay.” Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108-09 (9th Cir.1995).
cited Cited as authority (rule) In Re Snyder
Bankr. D. Mont. · 2009 · confidence medium
B.R. 468, 477-78 (Bankr.D.Mont.2003); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108-109 (9th Cir.1995).
cited Cited as authority (rule) In Re Blx Group, Inc.
Bankr. D. Mont. · 2009 · confidence medium
B.R. 468, 477-78 (Bankr.D.Mont.2003); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108-109 (9th Cir.1995).
cited Cited as authority (rule) Kronemyer v. American Contractors Indemnity Co. (In Re Kronemyer)
9th Cir. BAP · 2009 · confidence medium
Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108 (9th Cir.1995).
discussed Cited as authority (rule) Griffin v. Wardrobe
9th Cir. · 2009 · confidence medium
A creditor could petition the bankruptcy court for relief that is broad enough to encompass the cause of action; could seek an order from the bankruptcy court clarifying the relief from stay order, see Alonso v. Summerville (In re Summerville), 361 B.R. 133, 144 (9th Cir. BAP 2007) (stating “[t]he bankruptcy court had jurisdiction to clarify its [relief from stay] order”); or, if a judgment has been entered on a cause of action that was not pending at the time the relief was granted, could seek retroactive relief from the stay that is broad enough to encompass the judgment, see, e.g., Mata…
discussed Cited as authority (rule) Griffin v. Wardrobe
9th Cir. · 2009 · confidence medium
A creditor could petition the bankruptcy court for relief that is broad enough to encompass the cause of action; could seek an order from the bankruptcy court clarifying the relief from stay order, see Alonso v. Summerville (In re Sum- merville), 361 B.R. 133, 144 (9th Cir. B.A.P. 2007) (stating “[t]he bankruptcy court had jurisdiction to clarify its [relief from stay] order”); or, if a judgment has been entered on a cause of action that was not pending at the time the relief was granted, could seek retroactive relief from the stay that is broad enough to encompass the judgment, see, e.g.,…
discussed Cited as authority (rule) In Re Margaret J. Myers, Debtor. Margaret J. Myers (2×) also: Cited "see, e.g."
3rd Cir. · 2007 · confidence medium
Therefore, this and other courts have held that actions in violation of the stay, although void, may nevertheless be reinvigorated through a retroactive annulment of the stay, see Siciliano, 13 F.3d at 750 , Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir.1995), and still other courts have held such actions neither “voidable” nor “void,” but “invalid” and subject to cure.
discussed Cited as authority (rule) In Re: Myers (2×) also: Cited "see, e.g."
3rd Cir. · 2007 · confidence medium
Therefore, this and other courts have held that actions in violation of the stay, although void, may nevertheless be reinvigorated through a retroactive annulment of the stay, see Siciliano, 13 F.3d at 750 , Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir. 1995), and still other courts have held such actions neither “voidable” nor “void,” but “invalid” and subject to cure.
cited Cited as authority (rule) In re Tara Hills, Inc.
9th Cir. · 2007 · confidence medium
Waste Corp., 129 F.3d 1052, 1054 (9th Cir. 1997); In re Kissinger, 72 F.3d 107, 109 (9th Cir.1995); In re Schwartz, 954 F.2d 569, 572-73 (9th Cir.1992).
discussed Cited as authority (rule) In Re Anderson
D.D.C. · 2006 · confidence medium
See In re Soares, 107 F.3d 969, 977 (1st Cir.1997) (“[D]ebt-ors who act in bad faith may create situations that are ripe for retroactive relief.”); In re Kissinger, 72 F.3d 107, 109 (9th Cir.1995); Sonnax Indus., Inc. v. Tri Component Products Corp., 907 F.2d 1280, 1286 (2d Cir.1990).
cited Cited as authority (rule) In Re Eastlick
Bankr. D. Idaho · 2004 · confidence medium
Waste Corp.)], 129 F.3d [1052, 1054-55 (9th Cir.1997)]; Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir.1995). 293 B.R. at 21 .
cited Cited as authority (rule) In Re Peregrine Systems, Inc.
Bankr. D. Del. · 2004 · confidence medium
Peregrine cites In re Kissinger, 72 F.3d 107, 108 (9th Cir.1995), for this proposition. 10 .Although the motion was granted, there is no separate docket entry reflecting the filing of the reply.
cited Cited as authority (rule) Delaney-Morin v. Day (In Re Delaney-Morin)
9th Cir. BAP · 2003 · confidence medium
Malaya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir.1995).
discussed Cited as authority (rule) Blaylock v. Philadelphia Housing Authority (In Re Blaylock)
Bankr. E.D. Pa. · 2003 · confidence medium
Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108 (9th Cir.1995) (failure to obey stay caused by judge, not creditor and retrial would impose either a nonsensical result or impose a hardship due to cost).
cited Cited as authority (rule) Fjeldsted v. Lien (In Re Fjeldsted)
9th Cir. BAP · 2003 · confidence medium
Waste Corp., 129 F.3d at 1054-55 ; Malaya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir.1995).
discussed Cited as authority (rule) In Re Daniel Byron Cady, Debtor, Jeffrey Palm Danielle Lynn Scapparo v. Daniel Byron Cady William A. Klapperman Alfred Siegel (2×)
9th Cir. · 2003 · confidence medium
National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052, 1054 (9th Cir.1997). citing Matava v. Kissinger (In re Kissinger), 72 F.3d 107, 108 (9th Cir.1995).
discussed Cited as authority (rule) Official Committee of Unsecured Creditors v. Henry Mayo Newhall Memorial Hospital (In Re Henry Mayo Newhall Memorial Hospital) (2×)
9th Cir. BAP · 2002 · confidence medium
Farm Credit Servs. v. Roth (In re Roth), 171 B.R. 357, 364 (Bankr.D.S.D.1994); Mat aya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir.1995) (the automatic stay is a “vital protection” of the debtor).
examined Cited as authority (rule) Aheong v. Mellon Mortgage Co. (In Re Aheong) (4×)
9th Cir. BAP · 2002 · confidence medium
The Ninth Circuit Court of Appeals has cautioned that retroactive relief should be “applied only in extreme circumstances.” Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir.1995) (quoting Phoenix Bond & Indemnity Company v. Shamblin (In re Shamblin), 890 F.2d 123, 126 (9th Cir.1989)).
discussed Cited as authority (rule) Palm v. Klapperman (In Re Cady)
9th Cir. BAP · 2001 · confidence medium
National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 , 1054 (9th Cir.1997), citing Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108 (9th Cir.1995).
discussed Cited as authority (rule) Gruenbaum v. Bankers Trust Co. (2×)
9th Cir. · 2001 · confidence medium
See, e.g., In re Soares, 107 F.3d 969, 977 (1st Cir.1997) (“[Djebtors who act in bad faith may create situations that are ripe for retroactive relief.”); In re Kissinger, 72 F.3d 107, 109 (9th Cir.1995).
discussed Cited as authority (rule) Blan v. Nachogdoches County Hospital (In Re Blan)
8th Cir. BAP · 1999 · confidence medium
E.g., Mazzeo v. Lenhart (In re Mazzeo), 167 F.3d 139, 142 (2d Cir.1999); In re Williams, 144 F.3d 544, 546 (7th Cir.1998); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108 (9th Cir.1995); Robbins v. Robbins (In re Robbins), 964 F.2d 342, 345 (4th Cir.1992); Barclays-American/Business Credit, Inc. v. Radio WBHP, Inc. (In re Dixie Broadcasting, Inc.), 871 F.2d 1023 , 1026 (11th Cir.1989); Cannery Row Co. v. Leisure Corp. (In re Leisure Corp.), 234 B.R. 916, 920 (9th Cir. BAP 1999); see Kirwan v. Vanderwerf (In re Kirwan), 164 F.3d 1175, 1178 (8th Cir.1999); In re Wald, 211 B.R. 359, 362 (…
discussed Cited as authority (rule) Gary J. Blan v. Nachogdoches County
8th Cir. BAP · 1999 · confidence medium
E.g., Mazzeo v. Lenhart (In re Mazzeo), 167 F.3d 139, 142 (2d Cir 1999); In re Williams, 144 F.3d 544, 546 (7th Cir. 1998); Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108 (9th 2 Cir. 1995); Robbins v. Robbins (In re Robbins), 964 F.2d 342, 345 (4th Cir. 1992); Barclays-American/Business Credit, Inc. v. Radio WBHP, Inc. (In re Dixie Broadcasting, Inc.), 871 F.2d 1023, 1026 (11th Cir. 1989); Cannery Row Co. v. Leisure Corp. (In re Leisure Corp.), 234 B.R. 916, 920 (B.A.P. 9th Cir. 1999); see Kirwan v. Vanderwerf (In re Kirwan), 164 F.3d 1175, 1178 (8th Cir. 1999); In re Wald, 211 B.R. 3…
cited Cited as authority (rule) In Re Rhead
Bankr. D. Ariz. · 1999 · confidence medium
In re Kissinger, 72 F.3d 107, 109 (9th Cir.1995).
discussed Cited as authority (rule) In Re National Environmental Waste Corp., a California Corporation, Debtor. National Environmental Waste Corp., a California Corporation v. City of Riverside, a Political Subdivision of the State of California, in Re National Environmental Waste Corp., a California Corporation, Debtor. City of Riverside, a Political Subdivision of the State of California v. National Environmental Waste Corp., a California Corporation (2×) also: Cited "see"
9th Cir. · 1997 · confidence medium
Mataya v. Kissinger (in re Kissinger), 72 F.3d 107, 108 (9th Cir.1995).
discussed Cited as authority (rule) National Environmental Waste Corp. v. City of Riverside (2×) also: Cited "see"
9th Cir. · 1997 · confidence medium
Mataya v. Kissinger (in re Kissinger), 72 F.3d 107, 108 (9th Cir.1995).
cited Cited as authority (rule) Wright v. Turner (In Re Turner)
9th Cir. BAP · 1997 · confidence medium
Schwartz, 954 F.2d at 572 ; In re Kissinger, 72 F.3d 107, 109 (9th Cir.1995).
cited Cited as authority (rule) Monumental Life Insurance Co. v. Bibo, Inc. (In Re Bibo, Inc.)
9th Cir. BAP · 1996 · confidence medium
Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108 (9th Cir.1995).
cited Cited as authority (rule) In Re Murray
Bankr. E.D. Cal. · 1996 · confidence medium
The Ninth Circuit Court of Appeals recently held that retroactive relief should be granted only in “extreme circumstances.” In re Kissinger, 72 F.3d 107, 109 (9th Cir.1995) (cites omitted).
cited Cited "see" In re Yihe Forbes, LLC v. City of Chelsea
C.D. Cal. · 2025 · signal: see · confidence high
See Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108 (9th Cir. 9 || 1995).
cited Cited "see" Jeffrey Lynn Hoffmann
Bankr. D. Or. · 2022 · signal: see · confidence high
See Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir. 1995), citing Schwartz v United States (In re Schwartz), 954 F.2d 569, 572 (9th Cir. 1992).
cited Cited "see" James Andrew Bussmann
Bankr. D. Or. · 2021 · signal: see · confidence high
See Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 109 (9th Cir. 1995), citing Schwartz v United States (In re Schwartz), 954 F.2d 569, 572 (9th Cir. 1992).
cited Cited "see" In re Leeds
Bankr. D. Nev. · 2018 · signal: see · confidence high
See Mataya v. Kissinger (In re Kissinger), 72 F.3d 107 , 109 (9th Cir. 1995).
discussed Cited "see" Myers v. Southern Medical Supply Co. (In Re Myers) (2×) also: Cited "see, e.g."
Bankr. E.D. Pa. · 2005 · signal: see · confidence high
See In re Kissinger, 72 F.3d 107, 109 (9th Cir. 1995) (bankruptcy court did not abuse its discretion in annulling stay where petition was filed in bad faith); Albany Partners, 749 F.2d at 670 (same).
cited Cited "see" Takayama v. Ehrlich
4th Cir. · 2004 · signal: see · confidence high
See Mataya v. Kissinger (In re Kissinger), 72 F.3d 107, 108-09 (9th Cir.1995).
Retrieving the full opinion text from the archive…
In Re Michael J. KISSINGER, Debtor. Thomas MATAYA, Creditor-Appellee,
v.
Michael J. KISSINGER, Debtor-Appellant
94-16086.
Court of Appeals for the Ninth Circuit.
Dec 15, 1995.
72 F.3d 107
Craig K. Welch, Welch, Olrich & Mori, San Francisco, California, for appellant., Christopher Lee, San Francisco, California, for appellee.
Pregerson, Brunetti, Nelson.
Cited by 73 opinions  |  Published

OPINION

BRUNETTI, Circuit Judge:

Appellees-creditors Thomas and Elisa Ma-taya sued appellant-debtor Michael Kissinger in state court for legal malpractice arising out of Kissinger’s representation of Thomas Mataya in connection with the death of Mata-ya’s son. Kissinger represented himself at trial. Following the presentation of evidence on liability and compensatory damages, the trial judge, sua sponte, granted a two day recess. During the recess, Kissinger filed a Chapter 11 bankruptcy petition.

When the proceedings reconvened on June 28, 1993, the judge ordered the immediate completion of the trial, despite the pendency of the bankruptcy petition and the corresponding automatic stay provided by 11 U.S.C. § 362(a). The following day, the jury returned a verdict for the Matayas in the amount of $90,000. Because the jury also found that Kissinger acted with “oppression, fraud, or malice,” the trial judge put the matter over to August 6, 1993, for a trial on punitive damages.

The Matayas then filed a motion in the bankruptcy court seeking relief from the automatic stay, nunc pro tunc to June 28,1993. The bankruptcy court granted retroactive relief, so that the judgment would be valid in the state court action, as well as prospective relief, so that the punitive damages trial could proceed. The district court affirmed the bankruptcy court's decision. Kissinger appeals that portion of the bankruptcy court’s order granting retroactive annulment of the automatic stay. We have jurisdiction pursuant to 28 U.S.C. § 158(d) and affirm the order of the bankruptcy court.

Kissinger contends that the bankruptcy court did not have the power to grant retroactive annulment of the stay, and, even if it did, that there was not sufficient cause to grant such relief. The first contention presents an issue of law reviewed de novo. In re Weisman, 5 F.3d 417, 419 (9th Cir.1993). Because a decision to lift the automatic stay under 11 U.S.C. § 362 is within the discretion of the bankruptcy court, the second contention is reviewed under the abuse of discretion standard. In re Mac Donald, 755 F.2d 715, 716 (9th Cir.1985). We reject both of Kissinger’s contentions.

Despite the importance of the automatic stay as a vital protection of the bankruptcy debtor, see In re Schwartz, 954 F.2d 569, 571 (9th Cir.1992), 11 U.S.C. § 362(d)(1) allows a bankruptcy court to grant relief from the automatic stay “for cause.” Such[*109] relief may include “terminating, annulling, modifying, or conditioning such stay.” Id. § 362(d). Thus, as we have previously noted, “section 362 gives the bankruptcy court wide latitude in crafting relief from the automatic stay, including the power to grant retroactive relief from the stay.” Schwartz, 954 F.2d at 572 (citing 2 Collier on Bankruptcy, § 362.07 (15th ed. 1984)). Retroactive annulment, however, should be “applied only in extreme circumstances.” In re Shamblin, 890 F.2d 123, 126 (9th Cir.1989).

The bankruptcy court did not abuse its discretion in finding that retroactive relief was warranted. The court first found that there would have been cause to lift the stay prospectively at the time of the Chapter 11 filing because: the state court claim was sufficiently large such that it would have to be resolved before Kissinger could complete a reorganization; Kissinger was able to defend himself in the state court action; and Kissinger’s decision to file a Chapter 11 petition just before the state court action was to go to the jury appeared to be in bad faith. Additionally, the bankruptcy court found that there was additional cause to annul the stay retroactively to the time of the filing because: the failure to obey the stay was caused by the state court judge, not the creditor; and not annulling the stay would either lead to nonsensical results, by submitting the same case to the same jury that had just rendered a decision, or impose an unwarranted hardship on the creditors, since retrial would be costly. The bankruptcy court did not abuse its discretion in finding that these circumstances warranted retroactive annulment of the automatic stay.

AFFIRMED.