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In re Handy

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Before Lynch, Chief Judge, Torruella and Howard, Circuit Judges.

Christopher Parker appeals from a Bankruptcy Appellate Panel (BAP) decision affirming a bankruptcy court order denying his motion for relief from stay. Parker’s objective is to reopen a Maine state court proceeding against Michelle J. Handy brought pursuant to Maine’s version of the Uniform Fraudulent Transfer Act (UFTA). Me. Rev. Stat. tit. 14, § 3571 et seq. During the state court proceeding, Handy filed for bankruptcy, staying Parker’s state action against her.

Parker filed a motion in bankruptcy court for relief from stay. Handy received discharge during a hearing, which included Parker’s motion. At the time of discharge, Parker had obtained neither a favorable judgment from the state court, nor a lien against Handy’s property. The bankruptcy court held that 11 U.S.C. § 524(a)(2) precludes Parker from pursuing his action against Handy, and the BAP affirmed. We affirm.

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