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In re Murray

In re Murray

Ruling
Although stay was not in effect in debtors'third chapter 13 filing, any action by creditor involving property of the estate was to be brought in bankruptcy court.
Procedural posture

A creditor filed a motion for an order confirming the inapplicability of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(C)(ii). The debtors responded that a creditor action involving the debtors'property was to occur exclusively in bankruptcy court during the pendency of the chapter 13 case.

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opinion summary, case decided on September 11, 2006 , LexisNexis #1006-040