David Brian Derringer

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
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06/10/06
David Brian Derringer
04-17330
Order Granting [13-1] Motion For Relief From Stay As To Property of The
Nevitts/Derringer by Mick Chapel .
Received on: 2005-06-28 10:26:59.000
2005-06-28 00:00:00.000
2005-06-28 00:00:00.000
Patti Hennessy
Case 04-17330-m13 Doc 197 Filed 06/28/05 Entered 06/28/05 16:01:00 Page 1 of 3

1The Debtor files motions to strike the affidavits filed by Joseph Manges and Stephen Long.
(Docket # 147, Docket #172, and Docket #182). The Court denied each of these motions. (Docket
# 191, Docket # 192, Docket # 193).
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re: DAVID DERRINGER, No. 13-04-17330 MA
Debtor.
ORDER TERMINATING AUTOMATIC STAY AS TO MICK CHAPEL AND
JENNIFER CHAPEL
THIS MATTER is before the Court on the Chapels’ Motion to Modify Automatic Stay
(“Motion”). Following a final hearing on the Motion, the Court entered an Order on Chapels’ Motion
to Modify Automatic Stay on December 23, 2004 (“Order”). The Order conditioned the automatic
stay on the Debtor complying with certain requirements for proceeding under Chapter 13 of the
Bankruptcy Code, including the following:
A. That the Debtor file and notice to all creditors an amended plan of reorganization no
later than January 5, 2005;
B. That the Debtor obtain a preliminary hearing to consider objections, if any, to the
amended plan immediately upon the expiration of the period for filing objections; and
C. That a plan of reorganization be confirmed no later than May 20, 2005.
The Order provided further that if the Debtor failed to comply with the deadlines contained in the
Order, then, upon the filing of an affidavit by counsel for the Chapels that the Debtor had failed to
comply, the Court would enter an order terminating the automatic stay. Joseph Manges and Stephen
Long have each filed Affidavits of default in accordance with the Order. Based on the Affidavits1 and
Case 04-17330-m13 Doc 197 Filed 06/28/05 Entered 06/28/05 16:01:00 Page 2 of 3

the record of this proceeding, the Court finds that the Debtor has failed to comply with the terms of the
Order, and cause therefore exists to lift the automatic stay.
Although the Debtor filed an amended plan of reorganization that was noticed to all creditors in
accordance with the terms of the Order, the deadline for objections has passed, objections were filed,
and no preliminary hearing on confirmation has been set. It is well past May 20, 2005, and no plan of
reorganization has been confirmed. Nor has Debtor filed a motion to extend the time within which to
confirm a plan. Although Debtor has appealed several orders issued by this Court in connection with
this bankruptcy proceeding, no stay pending appeal has been granted.
WHEREFORE, IT IS HEREBY ORDERED, that the automatic stay imposed by 11 U.S.C. §
362 is terminated as to Mick Chapel and Jennifer Chapel.
_________________________________________
MARK B. McFEELEY
United States Bankruptcy Court
I certify that on the date shown on the attached document verification, a true and correct copy of
the foregoing was either electronically transmitted, faxed, delivered or mailed to the listed counsel
and/or parties.
David Derringer
PO Box 157
Quemado, NM 7829
Stephen C.M. Long
Attorney for Mick and Jennifer Chapel
2501 Yale SE, Suite 204
Albuquerque, NM 87106
Joseph Manges ___________________________
Attorney for Mick and Jennifer Chapel Patti G. Hennessy
PO Box 669 Law Clerk
Santa Fe, NM 87504 (505) 348-2545
Case 04-17330-m13 Doc 197 Filed 06/28/05 Entered 06/28/05 16:01:00 Page 3 of 3