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In re Sterling (Case No. 07-60237) 03/26/2007

The Court held that the application of 11 U.S.C. § 109(g)(2) is discretionary rather than mandatory.  Therefore, the Court denied a secured creditor's motion to dismiss and granted the debtor's motion to extend the automatic stay to pay in full all amounts evidencing debt to the secured creditor (or else face foreclosure on the debtor's real property) because (1) debtor wanted to and attempted to oppose the secured creditor's motion for relief from the stay in debtor's prior bankruptcy case, (2) debtor was ill-served by his attorney in debtor's prior bankruptcy case, (3) there is little equity in the real property, and (4) there will be virtually no equity in the real property within four months.

Date: 
Monday, March 26, 2007
Category: 
Abusive Filings
Dismissal
Relief from Stay
Chapter: 
7