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IN RE BENCHMARK CAPITAL, INC.

No. 12-33078.

490 B.R. 566 (2013)

In re BENCHMARK CAPITAL, INC., Debtor.

United States Bankruptcy Court, E.D. Tennessee.

April 9, 2013.

Attorney(s) appearing for the Case

Arnett, Draper & Hagood, Dan D. Rhea, Esq., Knoxville, TN, for William Raymond Bicknell, Jr.

Gentry, Tipton & McLemore, P.C., Maurice K. Guinn, Esq., John M. Kizer, Esq., Knoxville, TN, for F. Scott Milligan, Chapter 7 Trustee.

Ayers & Parkey, Edward J. Shultz, Esq., Knoxville, TN, for Debtor.

MEMORANDUM ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY

RICHARD STAIR, JR., Bankruptcy Judge.

This contested matter is before the court on the Motion for Relief From the Automatic Stay (Motion for Stay Relief) filed on September 6, 2012, by William Raymond Bicknell, Jr. (Movant), asking the court, pursuant to 11 U.S.C. § 362(d)(1) (2006), to annul the automatic stay and retroactively validate the post-petition foreclosure sale of real property located...

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