- 11 U.S.C.
In re Parten
Mar
13
2007
Ruling
Expedited relief from stay granted to foreclosing creditor where family farmer filed second case less than 180 days after voluntary dismissal of first case.
Procedural posture
Debtor had filed a previous case under chapter 12. During the chapter 12 case, creditors received relief from the automatic stay with respect to certain real property. Stay relief was granted and the creditors began foreclosure. The debtor then voluntarily dismissed the chapter 12 case and filed the instant chapter 13 case before the creditors could complete the foreclosure. The creditors moved for relief from stay on an expedited basis.
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Court
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