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In re Dennie L. Pravecek and Mindee R. Pravecek

Bankr. No.: 
04-40643
Chapter: 
7
Date of Decision: 
July 21, 2004
Issue: 
Whether the hearing on a creditor's relief from stay and abandonment motion should be delayed so it could be resolved with Chapter 7 debtors' complaint to determine whether the creditor was cross-collateralized on certain vehicles?
Ruling: 
Debtors' motion to delay the hearing on the creditor's relief from stay and abandonment motion was denied. Debtors had not declared either subject vehicle exempt and the trustee had not resisted the creditor's motion. Accordingly, Debtors' standing to challenge the creditor's relief from stay and abandonment motion was lacking.
Full Bankruptcy Court Decision: