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  • Automatic stay under 11 U.S.C. § 362(a) is inapplicable LLC equipment for which Debtor is a personal guarantor.
  • Automatic stay under 11 U.S.C. § 362(a) is inapplicable LLC equipment for which Debtor is a personal guarantor.


    Automatic stay under 11 U.S.C. § 362(a) is inapplicable LLC equipment for which Debtor is a personal guarantor.

    Automatic stay under 11 U.S.C. § 362(a) is inapplicable LLC equipment for which Debtor is a personal guarantor. Citing In re Brittain, 435 B.R. 318, 320 (Bankr. D.S.C. 2010), the court holds that “the record here clearly indicates that the Equipment is property of the
    LLC and not the Debtor. After reviewing §§ 362, 541, and 1207, the Court cannot find any language therein, and Debtor failed to call the Court’s attention to any language or applicable authority, that justifies the inclusion of the Equipment as property of Debtor’s bankruptcy estate or extends the automatic stay to the Equipment based on this record.” C/A No. 18-04549-HB