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IN RE ROUNSEVILLE

Bankruptcy No. 8100925, Adv. No. 820026.

20 B.R. 892 (1982)

In re Michael D. ROUNSEVILLE, Debtor. George P. GRAY, d/b/a Unity Club, Plaintiff, v. Michael D. ROUNSEVILLE, Defendant.

United States Bankruptcy Court, D. Rhode Island.

June 11, 1982.

Attorney(s) appearing for the Case

George M. Cappello, Cranston, R.I., for plaintiff.

Michael J. Kiselica, Cranston, R.I., for debtor.

Edward E.V. D'Agostino, Providence, R.I., Trustee.

DECISION AND ORDER MODIFYING STAY

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

The narrow issue before the Court is whether the Bankruptcy Court should, in its exercise of its discretion, modify the automatic stay, 11 U.S.C. § 362(d)(1), by allowing a civil action pending against the Debtor in state court to proceed to trial there.

The following facts are not in dispute. On March 30, 1978, Michael Rounseville assaulted Gary Northup in or near...

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