In re Ermi

Ruling: 
Creditor was not entitled to comfort order where debtors failed to timely assume vehicle lease but had not previously filed for bankruptcy.
Procedural posture: 
Bankruptcy debtors identified their interest in a vehicle lease on their schedules and subsequently amended their schedules to indicate their intention to assume the unexpired lease. A creditor with a security interest in the vehicle moved for a comfort order pursuant to 11 U.S.C. § 362(j) confirming that the automatic stay terminated with regard to the vehicle based on the lack of a timely indication of intent and/or assumption of the lease.
Issue: 
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