Section 5.60 Hearing

LibraryBankruptcy Practice (2007 Ed. + 2015 Cum Supp)

B. (§5.60) Hearing

Under 11 U.S.C. § 362(e), the automatic stay automatically expires 30 days from the filing of a § 362(d) stay relief application unless the court either orders the stay continued in effect pending an evidentiary hearing or orders the stay continued in effect following a final hearing—whether the “final” hearing is an initial or continued evidentiary hearing. In re Duran, 291 B.R. 542 (Bankr. D. Colo. 2003). To have the stay continued pending an evidentiary hearing, the debtor must...

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