context: Checkers's position amounts to an argument that section 362(a) disabled it from taking any action to fend off CRG's attempts to cancel Checkers's service mark registration. However, it is well settled in this circuit and others that the section 362(a) automatic stay does not require persons involved in litigation with a debtor to capitulate to the debt- or's every demand.
citation_a.signal: see
citation_a.identifier: 932 F.2d 1473, 1473
citation_a.parenthetical: "Fulfillment of th[e] purpose [of the automatic stay] cannot require that every party who acts in resistance to the debtor's view of its rights violates SS 362(a
citation_a.sentence: See Inslaw, 932 F.2d at 1473 (“Fulfillment of th[e] purpose [of the automatic stay] cannot require that every party who acts in resistance to the debtor’s view of its rights violates § 362(a) if found in error by the bankruptcy court.”); see also In re Merrick, 175 B.R. 333, 338 (Bankr. 9th Cir.1994) (“The automatic stay should not tie the hands of a defendant while the plaintiff debtor is given free rein to litigate.”); Martin-Trigona, 892 F.2d at 577 (“There is ... no policy of preventing persons whom the bankrupt has sued from protecting their legal rights.”).
citation_b.signal: see also
citation_b.identifier: 175 B.R. 333, 338
citation_b.parenthetical: "The automatic stay should not tie the hands of a defendant while the plaintiff debtor is given free rein to litigate."
citation_b.sentence: See Inslaw, 932 F.2d at 1473 (“Fulfillment of th[e] purpose [of the automatic stay] cannot require that every party who acts in resistance to the debtor’s view of its rights violates § 362(a) if found in error by the bankruptcy court.”); see also In re Merrick, 175 B.R. 333, 338 (Bankr. 9th Cir.1994) (“The automatic stay should not tie the hands of a defendant while the plaintiff debtor is given free rein to litigate.”); Martin-Trigona, 892 F.2d at 577 (“There is ... no policy of preventing persons whom the bankrupt has sued from protecting their legal rights.”).