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In re Whitlow (Case No. 09-71228) 07/06/09

The City of Roanoke, Virginia filed a motion for annulment of automatic stay against the Debtor and Trustee. The motion requested that he automatic stay provisions of 11 U.S.C. § 362(e) be annulled, or alternatively, that stay be terminated or modified with regard to certain real property owned by the Debtor. The Court concluded that the proper relief was modify, rather than nullify, the automatic stay to permit the City to seek confirmation of the sale by the state circuit court. The Court held that if the sale is confirmed, it shall be completed, and if the sale is not confirmed, the Debtor’s interest in the property will become property of the bankruptcy estate and subject to the automatic stay.

Date: 
Monday, July 6, 2009
Category: 
Automatic Stay
Chapter: 
13