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In re Barela, 17-12620j7. (2017)

Court: United States Bankruptcy Court, D. New Mexico Number: inbco20171130b06 Visitors: 1
Filed: Nov. 28, 2017
Latest Update: Nov. 28, 2017
Summary: ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY AND ABANDONMENT BY DEFAULT ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on Movant's Motion for Relief From Stay and Abandonment (Doc. #10) filed on October 20, 2017. Pursuant to Bankruptcy Rule 9014, a copy of the motion along with a Notice of Deadline For Filing Objections To Motion For Relief From Stay and Abandonment (Doc. #11) were mailed on October 20, 2017 to the Debtor, her attorney and the trustee, requiring
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ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY AND ABANDONMENT BY DEFAULT

This matter came before the Court on Movant's Motion for Relief From Stay and Abandonment (Doc. #10) filed on October 20, 2017. Pursuant to Bankruptcy Rule 9014, a copy of the motion along with a Notice of Deadline For Filing Objections To Motion For Relief From Stay and Abandonment (Doc. #11) were mailed on October 20, 2017 to the Debtor, her attorney and the trustee, requiring that an objection be filed with the court and served on attorney for movant on or before November 13, 2017. The Notice was served in the manner prescribed by Bankruptcy Rule 7004 and no objection or other responsive pleading has been filed by the Debtor, her attorney or the trustee.

Creditor certifies under penalty of perjury, pursuant to 50 USCA Appx Section 521 (2004), that it conducted a search of the Department of Defense Manpower Data Center and found that Debtor is not currently on active military duty.

THE COURT FINDS AND ORDERS that the Motion for Relief From Stay and Abandonment filed by Movant on October 20, 2017 in this case is well taken, the motion is granted, the automatic stay is terminated as to the 2014 Toyota Corolla (the "Collateral") and the Collateral is deemed abandoned by the trustee. Movant may proceed with its legal remedies as to the Collateral pursuant to the contract and applicable law.

The Court further orders that Rule 4001(a)(3) is not applicable and Creditor may immediately enforce and implement this order granting relief from the automatic stay.

IT IS ORDERED.

Source:  Leagle

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