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