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United States Fifth Circuit


In re: Barner, 09-60394

In debtor's appeal from the bankruptcy court's ruling finding that an automatic stay did not apply to a foreclosure sale of her home, the order is affirmed where: 1) 11 U.S.C. sections 362(d)(4) and (b)(20) did not prohibit enforcement of a 2004 order lifting the automatic stay as to debtor's residence; and 2) the Bankruptcy Abuse Prevention and Consumer Protection Act did not modify or affect orders issued in cases filed before its effective date.

Appellate Information

  • Decided 02/15/2010
  • Published 02/18/2010

Judges

  • Before JONES, Chief Judge, and GARZA and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

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