In re Sheridan
Mar
12
2009
Ruling
Motion for relief from stay denied where moving party failed to establish interest in homestead property and lacked standing.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and movant nominee filed a motion under 11 U.S.C.S. § 362(d), seeking relief from the automatic stay that was imposed when the debtors declared bankruptcy. The chapter 7 trustee filed an objection to the nominee's motion, claiming that the nominee failed to establish its interest in the property in question or its standing to seek stay relief.
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Court
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