Wells Fargo Bank v. Burrier (In re Burrier)
Apr
08
2009
Ruling
Motion for relief from stay granted upon reconsideration due to debtors' prior submission of false and misleading evidence.
Procedural posture
Debtors filed a chapter 13 case. Creditor filed a motion for relief from automatic stay. The court approved a stipulation for resolution of the motion. The creditor moved to enforce the terms of the stipulation and for relief from the automatic stay. The court denied the motion after finding that the debtors had made the alleged payments. The creditor moved for relief from the court's order under Fed. R. Bankr. P. 9024.
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Court
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