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IN RE JONES

No. 00-13710 B.

271 B.R. 758 (2002)

In re Alan P. JONES, Debtor.

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

January 11, 2002.

Attorney(s) appearing for the Case

Gerald J. Vella, Springville, NY, for Bank of Holland.

Jeffrey A. Kosterich & Associates, P.C., Jeffrey A. Kosterich, of counsel, Yonkers, NY, for Beneficial Homeowner Service Corporation.

CARL L. BUCKI, Bankruptcy Judge.

The issue in this case is whether a state court possesses concurrent authority to determine the application of the automatic stay imposed by section 362 of the Bankruptcy Code.

Alan P. Jones filed a petition for relief under Chapter 7 of the Bankruptcy Code on July 17, 2000. As a consequence, creditors were subject to the automatic stay of section 362, which prohibited "any act to obtain possession of property of the estate...

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