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IN RE LATTIN

Bankruptcy No. BK-S-11-20101-BAM. Adversary No. 11-1284-BAM.

461 B.R. 832 (2011)

In re Perry M. LATTIN and Cynthia M. Lattin, Debtors. Perry M. Lattin and Cynthia M. Lattin, Plaintiffs, v. Midland Mortgage Company, Defendant.

United States Bankruptcy Court, D. Nevada.

December 16, 2011.

Attorney(s) appearing for the Case

George Haines, Michael J. Brock, Haines & Krieger, L.L.C., Las Vegas, NV, for Plaintiffs.

Christopher K. Lezak, McCarthy Holthus, LLP, Las Vegas, NV, for Defendant.

Opinion On Motion to Dismiss

BRUCE A. MARKELL, Bankruptcy Judge.

I. Introduction

This case presents a simple issue: does a bankruptcy court have the power under 11 U.S.C. § 105 to stay creditor actions if the automatic stay has lapsed under 11 U.S.C. § 362(c)(3)? This court finds it does.

II. Background

The debtors filed their chapter 13 case on June 27, 2011. That filing followed the dismissal of an earlier chapter...

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