In re Saxon Indus., Inc

In In re Saxon Indus., Inc. (43 BR 64 [SD NY 1984]), in an action commenced by the debtor, the defendant moved to lift the automatic stay in order to file counterclaims against the debtor. The debtor argued against lifting the automatic stay on the ground that the counterclaims against it would be subordinated as claims arising from the purchase or sale of securities, or under principles of equitable subordination, under 11 USC 510 (b) and (c), respectively. The court stated that, where a debtor brings a lawsuit and then invokes the automatic stay to prevent the defendant from asserting counterclaims, "'the situation warrants a very thoughtful scrutiny"' (In re Saxon Indus., Inc., 43 BR at 67.) Given that the debtor commenced the lawsuit, the court found that it would be inequitable to prevent the defendant from pressing counterclaims, even if defendant would not be entitled to any recovery (id.). The court granted the defendant's motion to lift the stay (id.).