Issued: April 24, 2007
Judge: John H. Squires
Summary: The debtor sought court sanctions against GMAC per sections 362(a)(3) and (k)(1) of the Bankruptcy Code claiming it violated the automatic stay provision. GMAC in turn sought to put an end to the debtor’s use of the automatic stay per 362(d) and dismiss per sections 109(h)(1) and 707(a). GMAC’s motion was granted; the debtor’s was denied. Since debtor was ineligible for relief the automatic stay terminates by law – 362(c)(2)(B). Debtor’s motion for sanctions was therefore denied.