- 11 U.S.C.
In re Moore
Dec
14
2005
Ruling
Automatic stay was lifted for a purchaser of debtor's real property to pursue a state court appeal regarding surplus funds from the purchase since the state court appeal was the only means of appealing a prior decision.
Procedural posture
The matter came before the court upon the motion of movant, a real property purchaser, for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to pursue a state court appeal on an expedited basis and upon debtors' motion for deposit of funds into the bankruptcy court. Debtors'also counterclaimed against the purchaser for violation of the automatic stay.
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Court
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