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Judge Jack B. Schmetterer

Judge Jacqueline P. Cox

04 B 45177

Creditor requested an award of costs and attorneys’ fees it incurred when the debtor-in -possession filed a notice of appeal without first seeking a modification of the automatic stay imposed by 11 U.S.C. § 362(a). The court held that a trustee, or a debtor-in-possession, has the authority to unilaterally waive the protections of the automatic stay to proceed with acts of estate administration that would otherwise violate 11 U.S.C. § 362(a) if performed by anyone else. Creditor’s request was denied.

Judge Eugene R. Wedoff

Chief Judge Bruce W. Black

In Re: Bernice Forte
October 6, 2005

03 B 45615
341 B.R. 859