In re Wallace
Jan
24
2012
Ruling
Debtor could not seek reinstatement of stay or a new stay to prevent foreclosure without filing an adversary proceeding.
Procedural posture
Debtors filed a joint voluntary petition under chapter 11, and the court granted a request for relief from the automatic stay that was filed by two creditors which allowed the creditors to pursue foreclosure of a judicial lien in the Idaho courts. The female debtor filed a pro se motion bearing the following heading: "Emergency Petition for Replacement of Stay to Stop Further Damage."
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Court
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