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MATTER OF SCHEWE

Bankruptcy No. GK 86-01228, Adv. No. 88-0303.

94 B.R. 938 (1989)

In the Matter of Jeffrey A. SCHEWE and Cathy A. Schewe, Debtors. Jeffrey A. SCHEWE and Cathy A. Schewe, Plaintiffs, v. FAIRVIEW ESTATES, Don Daglow, Jr., Manager, Branch County Sheriff's Department, Clerk and Court Officers of the District Court for Branch County, Jointly and Severally, Defendants.

United States Bankruptcy Court, W.D. Michigan.

January 12, 1989.

Attorney(s) appearing for the Case

Edward R. Barton, Allegan, Mich., for plaintiffs/debtors.

John D. Bradshaw, Walsh, Langeland, Walsh & Bradshaw, Kalamazoo, Mich., for defendants Fairview Estates and Don Daglow, Jr.

MEMORANDUM OPINION

JAMES D. GREGG, Bankruptcy Judge.

ISSUES

Several legal issues are considered in this opinion. The issues addressed are:

1. Does 11 U.S.C. § 362 prohibit the Defendants from seeking to dispossess the Plaintiffs of their tenancy, after confirmation of the Plaintiffs' Chapter 13 Plan, unless and until relief from the automatic stay is granted?

2. If the automatic stay applies, what is the effect of the stay...

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