Unusual Circumstances in Automatic Stay Law and Legal Definition

An unusual circumstance is defined as "when there is such identity between the debtor and the third-party defendant that the debtor may be said to be the real party defendant and that a judgment against the third-party defendant will in effect be a judgment or finding against the debtor." In re Shearin Family Invs., LLC, 2009 Bankr. LEXIS 3105 (Bankr. E.D.N.C. Sept. 23, 2009)