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IN RE CONSUMERS IGA THRIFTWAY, INC. (Bankr.E.D.Okla. 2004)
TOM CORNISH, Bankruptcy Judge
Having considered the Motion for Termination of Automatic Stay, filed herein on May 26, 2004, on behalf of Ford Motor Credit Company, and the Objection thereto filed herein on June 4, 2004, on behalf of the Debtors, having been advised that the Movant and Debtors have reached an agreement as embodied in this Order, and otherwise being fully advised in the premises, the Court finds as follows:
1. The vehicle which is the subject of the Motion, the 2003 Chevrolet Silverado Truck, VIN #1GCEC14T63E357746, was purchased by James L. Marvin, on or about September 4, 2003, and is titled in the name of James L. Marvin, an individual, as reflected in the Vehicle Retail Installment Contract and the Lien Entry Form affecting that vehicle. James L. Marvin is not a debtor in these cases.
2. The next payment due under the Vehicle Retail Installment Contract is not due until September 4, 2004. The vehicle is covered by insurance and therefore no default exists at this time that would justify any action being taken with respect to the vehicle on behalf of Ford Motor Credit.
3. To the extent that the Estates may claim some right, title, or interest in the vehicle, the automatic stay is hereby lifted so that in the event there is a default under the Vehicle Retail Installment Contract, Ford Motor Credit need not seek further relief from this Court prior to taking such action as may be available to it by law.
4. The Movant shall notify all interested parties of this Order.
IT IS THEREFORE ORDERED that to the extent the automatic stay may be applicable to the vehicle, relief is hereby granted to Ford Motor Credit.
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