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IN RE BUMPASS

Bankruptcy No. 83 B 20042.

28 B.R. 597 (1983)

In re Ruffin BUMPASS and Evelyn Bumpass, Debtors.

United States Bankruptcy Court, S.D. New York.

April 1, 1983.

Attorney(s) appearing for the Case

Horwitz & Associates, P.C., New York City, for debtors; Kenneth Silverman, New York City, of counsel.

Philip Irwin Aaron, P.C., Jericho, N.Y., for Ralph C. Sutro Co.

DECISION ON MOTION FOR ORDER DISMISSING OR CONVERTING CASE.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

A mortgagee in this Chapter 13 case seeks to dismiss a second Chapter 13 petition for lack of good faith because the automatic stay imposed in this second case was previously lifted in an earlier Chapter 7 case. The mortgagee objects to the imposition of the automatic stay for a second time on the ground of res judicata, although deja vu more appropriately...

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