No. 10-1186.

642 F.3d 865 (2011)

In re Jack GINDI, member, IPS, LLC (Mgr.), officer, director, shareholder Gindi Austin II, Inc., officer, director, shareholder Gindi Enterprises, Inc., partner, Auto Plasa, LLLP, officer, director, shareholder Morton Edwards Management, Inc., officer, director, shareholder Income Property Special, LLC (Mgr.), member, IPS Aquisitions, LLC (Mgr.), member, IPS Holdings, LLC (Mgr.), member, IPS Principle Fund, LLC (Mgr.), member IPS Development, LLC (Mgr.) member, IPSMMI, LLC (Mgr.), member, IPSMMIII, LLC (Mgr.), officer, director, shareholder JRG. LLC (Mgr.), officer, director, shareholder MG Real Estate, LLC (Mgr.), officer, director, shareholder ROI Comm. Real Estate, LLC (Mgr.), officer, director, shareholder Timbers Completion Fund, LLC (Mgr.), formerly officer, director, shareholder WRPCCC Owners Assn. (Mgr.), partner, 1431 Pearl, LLLP(Gp), partner, Austin Investor Interests, LLLP (Gp), partner, Franklin Town Homes, LLLP (Gp), officer, director, shareholder Gindi Austin I, Inc., officer, director shareholder H & G Investments, LLC (Mgr.), partner, Humboldt Town Homes, LLLP(Gp), officer, director, shareholder IPSMMII, LLC (Mgr.), Debtor, Andreas Chizzali, Appellant, v. Jack Gindi and Bank of the West, Appellees.

United States Court of Appeals, Tenth Circuit.

February 14, 2011.

Attorney(s) appearing for the Case

Craig A. Weinberg of Stevens, Littman, Biddison, Tharp & Weinberg, LLC, Boulder, CO, for Appellant.

Annie Caitlin Howe ( Gregory L. Williams on the brief) of Markus Williams Young & Zimmerman LLC, Denver, CO, for Appellee, Bank of the West.

Cynthia T. Kennedy of Kennedy & Kennedy, P.C., Lafayette, CO, for Appellee, Jack Gindi.

Before LUCERO, EBEL, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Jack Gindi filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code while the Colorado Court of Appeals was considering two appeals arising out of a lawsuit brought against him by Andreas Chizzali, his former partner in two companies. The bankruptcy court refused to lift the automatic stay to permit further proceedings regarding the two issues raised by Chizzali in his appeal; but it ruled that the automatic stay did not...

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