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Capital One v. Najafian (In re Najafian)

Capital One v. Najafian (In re Najafian)

Ruling
Stay was no longer in effect to bar enforcement of deed of trust once debtor received a discharge.
Procedural posture

Debtor filed a petition under chapter 7, and movant creditor filed a motion seeking relief under 11 U.S.C.S. § 362 from the stay that was imposed when the debtor declared bankruptcy so it could enforce a deed of trust the debtor executed on a condominium unit she owned. The debtor opposed the motion.

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Consumer opinion summary, case decided on May 05, 2010 , LexisNexis #0710-077