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In re Scholwin

In re Scholwin

Ruling
Relief from stay denied where debtor's failure to make plan payments was due to employer's failure to make wage deductions and creditor was adequately protected.
Procedural posture

A creditor filed a Motion for Relief from the Automatic Stay and to Waive Ten-Day Stay pursuant to Fed. R. Bankr. P. 4001(a)(3), asserting that the debtors failed to make all the payments required by their confirmed chapter 13 plan.

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opinion summary, case decided on November 22, 2006 , LexisNexis #0107-055