Brown Bank I LP v. Ebersole (In re Ebersole)
Dec
01
2010
Ruling
Relief from stay denied on condition that debtor continue timely payments on note.
Procedural posture
Ceditor, a putative holder of a mortgage note secured by pro se respondent bankruptcy debtor's real property, asserted that the debtor failed to provide adequate protection for the mortgage debt, and that the debtor lacked any equity in the property. The creditor moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d)(1), (2) to allow foreclosure against the property.
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Court
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