Legal Opinion
Lattin v. Midland Mortgage Co. (In re Lattin)
United States Bankruptcy Court, D. Nevada
Decided December 16, 2011No. Bankruptcy No. BK-S-11-20101-BAM; Adversary No. 11-1284-BAMPublishedCited by 1 opinion
1Opinion of the Court
Opinion On Motion to Dismiss
BRUCE A. MARKELL, Bankruptcy Judge.
I. Introduction
This case presents a simple issue: does a bankruptcy court have the power under 11 U.S.C. § 105 to stay creditor actions if the automatic stay has lapsed under 11 U.S.C. § 362(c)(3)? This court finds it does.
II. Background
The debtors filed their chapter 13 case on June 27, 2011. That filing followed the dismissal of an earlier chapter 13 case on June 16, 2011. The debtors’ first case was dismissed because the debtors’ previous attorneys did not file the schedules within the 45-day time limit imposed by Section…
2Cases cited20 opinions
- William J. Crosby v. Monroe CountyCourt of Appeals for the Eleventh Circuit · 2004
- Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
- In Re Wedgewood Realty Group, Ltd. Wedgewood Investment Fund, Ltd. v. Wedgewood Realty Group, LtdCourt of Appeals for the Third Circuit · 1989
- Olick v. Parker & Parsley Petroleum Co.Court of Appeals for the Second Circuit · 1998
- Reswick v. Reswick (In Re Reswick)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
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3Cited by1 opinion
- In re LeedsUnited States Bankruptcy Court, D. Nevada · 2018