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In re Schiemer

In re Schiemer

Ruling
Real property deeded to creditor in lieu of foreclosure was not subject to stay.
Procedural posture

Under an agreement with a creditor, a bankruptcy debtor deeded farming real property to his parents who assumed the debtor's obligation to the creditor and, in lieu of foreclosure, the parents subsequently deeded the property to the creditor and the debtor conveyed equipment to the creditor. The creditor moved for relief from the automatic bankruptcy stay under 11 U.S.C.S. § 362(d) to allow the creditor to sell the property and equipment.

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Consumer opinion summary, case decided on March 19, 2009 , LexisNexis #0509-005