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In re Dienberg

In re Dienberg

Ruling
Court was not authorized to issue a "comfort order" where stay had terminated pursuant to section 362(h) rather than section 362(c).
Procedural posture

A secured creditor filed a motion pursuant to 11 U.S.C. § 362(h) and (j), asking the court to issue an order confirming that the automatic stay in a chapter 7 debtor's bankruptcy case had terminated. The court, on its own initiative, held a hearing on the issue of whether section 362(j) applied when the alleged basis for termination of the stay was found in section 362(h) rather than in section 362(c), the subsection specifically referenced in section 362(j).

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opinion summary, case decided on August 30, 2006 , LexisNexis #1006-076