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In re Lucas (Case No. 07-70186) 05/18/2007

The Court dismissed the debtors' motion for declaratory judgment, holding that 11 U.S.C. § 362(c)(3) terminates the automatic stay with regard to the debtors but does not terminate the automatic stay with regard to property of the bankruptcy estate.  In so holding, the Court noted that no creditor was alleged to be taking or threatening any collection enforcement action against the debtors and no party in interest had appeared or otherwise asserted a position opposing such motion, and therefore, the Court found that there is no actual controversy as required by 28 U.S.C. § 2201(a) in order to issue a declaratory judgment.

Date: 
Friday, May 18, 2007
Category: 
Automatic Stay
Judgments
Chapter: 
13