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In re Alvarez

In re Alvarez

Ruling
Creditor ordered to turn over vehicle repossessed after stay terminated in debtor's second bankruptcy with respect to debtor only.
Procedural posture

A prior case of a bankruptcy debtor was dismissed and, after more than 30 days elapsed in the debtor's subsequent bankruptcy case, a creditor repossessed the debtor's vehicle based on the termination of the automatic bankruptcy stay under 11 U.S.C.S. § 362(c)(3)(A). The debtor moved for turnover of the vehicle, and the creditor moved for an order confirming termination of the stay.

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Consumer opinion summary, case decided on May 11, 2010 , LexisNexis #0710-078