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GMAC Mortgage, LLC v. Bryant (In re Bryant), BK 10-95778, Doc. #9

Order granting GMAC’s motion for an order confirming no stay is in effect.  The Court found that Debtor was ineligible pursuant to § 109(g)(2) since GMAC had a motion for relief in Debtor’s prior Chapter 13 case when it was voluntarily dismissed by Debtor within the applicable 180-day period.  The Court, however, made the distinction that ineligibility does not necessarily mean the stay is not in effect.  Based on Debtor’s ineligibility and § 362(b)(21), it was confirmed that no automatic stay prohibited GMAC from exercising it state law remedies.

File: 
Date: 
12/14/2010