In re Oncale

Chapter 13

ORDER

David R. Duncan, Chief US Bankruptcy Judge

This matter comes before the Court on the motion filed by GMAC Mortgage, LLC (“GMAC”) to annul the automatic stay. The debtor, Rodney Phillip Oncale II (“Debtor”), responded in opposition to the motion. After careful consideration of the applicable law, evidence submitted, and arguments of counsel, as stated on the oral record at the August 7, 2013 hearing, the Court hereby denies GMAC’s motion to annul the automatic stay.

FACTS

Debtor filed chapter 13 bankruptcy at 10:08 a.m. on June 4, 2012. Hours later, on the afternoon of June 4,…