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Opinion 34

Case Name: 

In re Cruseturner, 8 B.R. 581 (Bankr.D.Utah)In re ReidIn re Nelson

Judge: 
Judge Mabey
Date: 
Jan-29-1981
Case Number(s): 
80-0133, -0598, -0800
Status: 

PUBLISHED

Body: 

The court considered two issues common to three chapter 7 bankruptcies, which were: (1) whether debtors may redeem property pursuant to 11 U.S.C. § 722 by paying the redemption amount in installments, over creditors' objections; and (2) does the automatic stay under 11 U.S.C. § 362(a)(5) continue to prevent action against property that reverts to debtor, either by abandonment or exemption? The court determined that debtors must pay their redemption payment in full in order to impose a redemption right on an unwilling creditor, but courts may allow debtors up to 30 days from the determination of the redemption amount within which to make that payment. Installment payments may be negotiated with a creditor, but an enforceable agreement is required, subject to the provisions of 11 U.S.C. § 524(c) for reaffirmation agreements. The court further concluded that the automatic stay continues to cover property that reverts to debtors, or that is acquired postpetition, until one of three acts set forth in § 362(c)(2) occurs. Debtors' requests to redeem property in installments were denied, and debtors were given 10 days in which to redeem in full. However, creditors could not repossess their collateral until either they obtained relief from stay, their debtors' case was closed or dismissed, or a discharge decision was entered.

Internal Ref: 
Opinion 34
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