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In re Ford

In re Ford

Ruling
Creditor did not violate stay by filing foreclosure against LLC where debtor managing member's mortgage on the property was terminated prior to petition date.
Procedural posture

A chapter 11 debtor filed a motion for an order to show cause and/or for a contempt citation, alleging that a creditor violated the automatic stay under 11 U.S.C.S. § 362(a)(2), (3), and (6) with its pending proceeding in state court to foreclose on property owned by a limited liability company (LLC) and to have a receiver appointed to administer the LLC's rental income.

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Consumer opinion summary, case decided on January 16, 2013 , LexisNexis #0213-002