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In re Muhaimin

In re Muhaimin

Ruling
Creditors were denied relief from automatic stay since they failed to show debtors'multiple filings were part of a scheme to defraud creditors.
Procedural posture

Secured creditors that held interests in the residential real estate of three debtors, each moved for relief from the automatic stay and for relief under 11 U.S.C. § 362(d)(4), on the basis that the debtor in each case, and their codebtors, had used multiple bankruptcy filings to frustrate foreclosure sales on their residences. A creditor also prayed for the imposition of an equitable servitude on one debtors'property under Maryland case law.

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opinion summary, case decided on April 26, 2006 , LexisNexis #0606-003