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Thomas G. Grooms & Sarah L. Grooms, Ch. 13, BK08-42630-TLS (Jan. 29, 2009)

The court granted a creditor’s motion for relief from stay, finding that because the debtors had a Chapter 13 case pending in another district within the preceding year that was dismissed, the automatic stay in the present case terminated 30 days after the present case was filed, pursuant to § 362(c)(3). The debtors moved to extend the automatic stay, but the motion was filed after the 30-day period had expired, so it was untimely and the creditor was entitled to relief from stay.

Date: 
Thursday, January 29, 2009
Judge: 
Judge Thomas L. Saladino