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IN RE VAN NESS

No. 08-37853.

399 B.R. 897 (2009)

In re Bryon George VAN NESS, Debtor.

United States Bankruptcy Court, E.D. California.

January 23, 2009.

Attorney(s) appearing for the Case

Randall D. Naiman, Naiman Law Group, PC, San Diego, CA, for Deutsche Bank National Trust Company.

OPINION REGARDING MOTION FOR RELIEF FROM AUTOMATIC STAY

KLEIN, Bankruptcy Judge.

The problem is how to deal with motions for relief from automatic stay that also seek relief available only by adversary proceeding. The practice of adding to stay relief motions procedurally incorrect requests for injunctions or extraordinary equitable relief has become a nuisance. This opinion points out that—in addition to denying the motion or merely rejecting the...

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