1:07-bk-10332•Miles Metzger
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA In re MILES METZGER, No. 07-10332 Debtor(s). ______________________________________/ Memorandum re Stay Relief _________________ In this matter debtor Miles Metzger appeared to contest the stay relief motion of creditor American Servicing Company even though he did not claim the subject real property as exempt and therefore had no standing. Even if he had standing to contest the motion, his schedules admit no equity, mandating relief pursuant to § 362(d)(2) of the Bankruptcy Code. Even if he had standing and even if he had scheduled some equity, his discharge was due to be entered on June 25, 2007. The fact that this time may be extended because the U.S. Trustee is investigating him does not mean he would have extra time to delay foreclosure. The motion will accordingly be granted. Dated: June 28, 2007 SAlan Jaroslovsky U.S. Bankruptcy Judge Entered on Docket June 28, 2007 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 07-10332 Doc# 28 Filed: 06/28/07 Entered: 06/28/07 13:12:25 Page 1 of 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 CERTIFICATE OF MAILING The undersigned deputy clerk of the United States Bankruptcy Court for the Northern District of California hereby certifies that a copy of the attached document was mailed to all parties listed below as required by the Bankruptcy Code and Rules of Bankruptcy Procedure. Dated: Jun 28, 2007 Miles Metzger 1385 Grove Ct. Saint Helena, CA 94574 Case: 07-10332 Doc# 28 Filed: 06/28/07 Entered: 06/28/07 13:12:25 Page 2 of 2
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