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§ 1301

King v. Wells Fargo Bank (In re King)

Ruling
Foreclosure sale in debtor's third case in one year period violated co-debtor stay.
Procedural posture

Movant debtor filed a motion to avoid a respondent creditor's postpetition foreclosure sale of the debtor's residence as violating the codebtor stay of 11 U.S.C. § 1301.

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opinion summary, case decided on March 20, 2007 , LexisNexis #0507-082

In re Cain

Ruling
Co-debtor stay did not apply to creditor's efforts to collect balance of debt from husband since debtor was no longer liable to creditor for that additional amount on confirmation of plan.
Procedural posture

A creditor filed a motion for relief from a co-debtor stay under 11 U.S.C. § 1301(a) in a debtor's chapter 13 bankruptcy proceeding.

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opinion summary, case decided on August 02, 2006 , LexisNexis #0806-137

Brooks v. GMAC (In re Brooks)

Ruling
Creditor did not violate automatic stay by refusing to release its lien on an automobile co - owned by debtor wife and the wife's father.
Procedural posture

Plaintiffs, debtors, filed a complaint against creditor alleging that the creditor violated the automatic stay of 11 U.S.C. § 362(a) and the co-debtor stay of 11 U.S.C. § 1301(a) by refusing to release its lien on an automobile co-owned by the debtor wife and her father.

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opinion summary, case decided on April 10, 2006 , LexisNexis #0506-138