11 U.S.C. §105; 11 U.S.C. 362(l); FRBP 7001
In re Tucker, 2005 Bankr. LEXIS 2679 (No. 05-15001) (Bankr. N.D. Ga. 2005)(Drake).
The Court would not use its broad equitable powers to re-impose the automatic stay in order to allow the debtor to tender one month rent to her landlord and pay the remainder of her arrearage through her Chapter 13 plan. To do so would subvert the clear provisions of §362, as amended in 2005, and would impair rights or create additional rights not provided for in the Code. The debtor did not exhibit the intent or ability to cure within the thirty-day period after the filing of the petition, and her request for injunctive relief should have been filed as an adversary proceeding.
