In re Brown (99-10976)

Annulment of the automatic stay, entailing retroactive validation of actions taken in violation of the stay, requires the party seeking annulment to show that (1) it innocently violated the stay, (2) its innocent violation of the stay did not interfere with the debtor's "breathing spell," and (3) its innocent violation of the stay did not injure other creditors.

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Date: 
Thursday, March 16, 2000