Legal Opinion

In Re Dewitt L. Weary, III and Tamara T. Weary

United States Bankruptcy Court, S.D. Illinois

Decided December 18, 2025No. 17-30503Unknown

1Opinion

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF ILLINOIS In Re ) ) Case No. 17-30503 DEWITT L. WEARY, III and ) TAMARRA T. WEARY, ) ) Chapter 11 Debtors. ) O P I N I O N Before the Court after trial is FCB Banks’ Motion for Relief from Automatic Stay and for Abandonment of Property from the Estate to pursue foreclosure of the post-confirmation note and mortgages in its favor. Because this Court finds that the automatic stay is no longer in effect, the Motion will be denied as moot. I. Factual Background The Debtors, DeWitt and Tamarra Weary, filed their voluntary petition under Chapter 11…

2Cases cited17 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Paul v. MontsCourt of Appeals for the Tenth Circuit · 1990
  3. Ernst & Young LLP and Charles J. Roach v. Baker O'Neal Holdings, Inc., and American Public Automotive Group, Inc.Court of Appeals for the Seventh Circuit · 2002
  4. In Re ErnstUnited States Bankruptcy Court, D. Minnesota · 1985
  5. In Re T.S.P. Industries, Inc.United States Bankruptcy Court, N.D. Illinois · 1990

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