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In re John R. Harris

Bankr. No.: 
96-40507
Chapter: 
13
Date of Decision: 
November 14, 1996
Issue: 
Whether stay should be modified to allow state court action regarding some scheduled real property to continue?
Ruling: 
Stay was modified. While Debtor had scheduled the property, title was not in his name. State court could determine whether debtor or the creditors had any interest in the property and could protect debtor's homestead interest, if any, as readily as the bankruptcy court. The state court action had already been commenced and progress toward resolution had been made. Not all parties to the state court action were within the Bankruptcy Court's core jurisdiction. The debtor's Chapter 13 case would not be impeded by the state court action.
Full Bankruptcy Court Decision: