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In re Utz

In re Utz

Ruling
Non-debtor former spouse of debtor could not seek emergency reinstatement of stay.
Procedural posture

A movant, the non-debtor former spouse of a chapter 7 debtor, filed an emergency motion for reinstatement of the automatic stay. A creditor that had obtained relief from the automatic stay and had scheduled a foreclosure sale of real property objected to the motion, asserting that the movant lacked standing to prosecute the motion and claiming prejudice by the delay in the filing of the motion.

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Consumer opinion summary, case decided on June 26, 2012 , LexisNexis #0712-075