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§ 362(e)

In re Rogan

Jul
15
2009
Ruling
Extension of stay agreed to by the debtor and creditors was valid and remained in effect and prevented dismissal.
Procedural posture

A debtor filed for relief under chapter 13 of the Bankruptcy Code. The United States, on behalf of the Internal Revenue Service (IRS) filed a motion to dismiss. In earlier proceedings the court had granted relief from the automatic stay to a creditor and the government, pursuant to 11 U.S.C.S. § 362(d).

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Consumer opinion summary, case decided on July 15, 2009 , LexisNexis #0809-112
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In re Eastham

Aug
26
2008
Ruling
Relief from stay to proceed against debtor's stock denied where there was sufficient equity to protect creditor.
Procedural posture

A creditor filed a motion for relief from the automatic stay against a debtor's shares of its common stock and a waiver of the 11 U.S.C.S. § 362(e) requirement.

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Consumer opinion summary, case decided on August 26, 2008 , LexisNexis #1108-113
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