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In re George Wesley Taylor, Jr., BK 06-76846, Doc. #85

Order Denying Debtor’s Motion to Determine the Identity of Lien Holder and Denying Debtor’s Motion to Reconsider Order Denying Debtor’s Motion to Extend the Stay as to HFC.  In seeking to determine which entity was entitled to receive his mortgage payment, Debtor was in effect seeking a declaratory judgment regarding HFC and HSBC’s interest in Debtor’s property and such action would have to be brought as an adversary proceeding pursuant to Rule 7001(2) and Rule 7001(9).  The stay had expired as to HFC at the time Debtor filed his original Motion to Extend Stay; his Motion to Reconsider was thus denied.

File: 
Date: 
03/07/2007