In Re Mullins

AMENDED MEMORANDUM

Before KATZ, HUGHES and GEORGE, Bankruptcy Judges.

The Bank of America, N. T. & S. A. appeals from an Order of the Honorable Peter M. Elliott, requiring the payment of a filing fee of $60.00 for the approval of a Stipulation relieving appellant creditor of the automatic stay imposed by 11 U.S.C. § 362.

Although no adversary proceeding had been commenced, appellant bank, the debtors and the trustee stipulated that the automatic stay be dissolved. The bankruptcy judge declined to enter an order approving the stipulation unless appellant paid a $60.00 filing fee. This appeal…