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In re Sanders

United States Bankruptcy Court, Ninth Circuit
Apr 26, 2010
07-43548 EDJ (B.A.P. 9th Cir. Apr. 26, 2010)

Opinion


In re ANGELA ELEANOR SANDERS, Chapter 13, Debtor. No. 07-43548 EDJ. United States Bankruptcy Court, N.D. California. April 26, 2010.

          MEMORANDUM AND ORDER DENYING MOTION FOR RELIEF FROM STAY

          EDWARD D. JELLEN, Bankruptcy Judge.

         A final hearing was held April 14, 2010, on motion of Everett E. Sanders (the "movant") for relief from the automatic stay. Howard Kane appeared for the movant. Angela Sanders, the above-named debtor, (the "debtor") appeared on her own behalf.

         The Court set forth the issues to be determined at the final hearing in its scheduling order of February 10, 2010. See doc. #87, paragraph 2. Movant provided little documentary evidence in support of his motion with respect to the issues raised by the court. In addition, movant was not present at the final hearing, and did not testify. The debtor, however, did provide documentary evidence and testimony in response to the court's stated issues.

See Bankruptcy Code § 362(g), which provides that the party opposing relief from stay has the burden of proof on all issues other than the debtor's equity in property.

         The Court, having reviewed the moving papers, and the documents and testimony submitted at the final hearing, and for the reasons stated on the record at the April 14, 2010 final hearing, hereby

         ORDERS that movant's motion for relief from stay is DENIED.


Summaries of

In re Sanders

United States Bankruptcy Court, Ninth Circuit
Apr 26, 2010
07-43548 EDJ (B.A.P. 9th Cir. Apr. 26, 2010)
Case details for

In re Sanders

Case Details

Full title:In re ANGELA ELEANOR SANDERS, Chapter 13, Debtor.

Court:United States Bankruptcy Court, Ninth Circuit

Date published: Apr 26, 2010

Citations

07-43548 EDJ (B.A.P. 9th Cir. Apr. 26, 2010)