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STALLINGS v. SPRING MEADOWS APT. COMPLEX

No. 1 CA-CV 92-0117.

180 Ariz. 617 (1994)

886 P.2d 1373

David L. STALLINGS and Barbara J. Stallings, husband and wife, Plaintiffs-Appellants, v. The SPRING MEADOWS APARTMENT COMPLEX LIMITED PARTNERSHIP, an Arizona Limited Partnership, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Review Granted January 25, 1995.

Attorney(s) appearing for the Case

Goldberg & Osborne by John E. Osborne, Tucson, for plaintiffs-appellants.

Teilborg, Sanders & Parks, P.C. by Richard A. Kent, Bruce C. Smith, Phoenix, for defendant-appellee.

OPINION

CONTRERAS, Judge.

David L. Stallings and Barbara J. Stallings ("Stallings") appeal the superior court's dismissal of their personal injury lawsuit in response to defendant's argument that the complaint, filed after defendant's filing of a Chapter 11 bankruptcy petition, violated the automatic stay provision of the bankruptcy statutes. We find that the filing of the complaint was a void, rather than voidable act; that a subsequent bankruptcy court order...

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