Selected Consumer Opinions Since January 1, 2022 Automatic Stay Denial of stay relief was final and appealable, although it was “without prejudice.”Deciding an issue not addressed in Ritzen Grp., Inc. v. Jackson Masonry, LLC, 140 S.Ct. 582 (2020), the Ninth Circuit concluded that the bankruptcy court’s order denying stay relief was final and appealable, despite its “without prejudice” language, because...
Critical Case Comment – In re Stokes, 2010 WL 3980232 (Bankr. E.D. Tenn. October 8, 2010) (Cook)
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In re Stokes, 2010 WL 3980232 (Bankr. E.D. Tenn. October 8, 2010) (Cook)
Post-petition property taxes are administrative claims which must be paid in full when the plan provides that property does not vest in the debtor until discharge or closing.
Summary of the Case
The Debtor filed a Chapter 13 case in May of 2006 and the plan provided that all administrative claims would be paid in full. The confirmation order also provided that . . .
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Automatic Stay Denial of Stay Relief was Final and Appealable, Although It Was “Without Prejudice.”