- 11 U.S.C.
Moulton v. Deutsche Bank Natl Bank Trust Co. (In re Moulton)
Sep
15
2008
Ruling
Chapter 13 debtor allowed to sell house free and clear due to evidence of good faith.
Procedural posture
Plaintiff debtor filed a complaint against defendant mortgage creditor seeking to sell her house free and clear of liens. The debtor also moved for confirmation of her proposed chapter 13 plan. The creditor moved, pursuant to 11 U.S.C.S. § 362(j), for an order establishing that no stay was in effect, or, in the alternative, annulling the stay. The chapter 13 trustee filed an objection to confirmation and a motion to dismiss.
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Court
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