In re Majors
Dec
18
2008
Ruling
Relief from stay to proceed with eviction denied where creditor was protected by equity cushion in property.
Procedural posture
A mortgage creditor filed a motion for relief from the automatic stay in order to proceed with the eviction/ejectment of the chapter 13 debtor from a residential property in a state court proceeding, under 11 U.S.C.S. § 362(d). The debtor argued that cause did not exist to modify the stay, and that he had sufficient equity in the property to warrant continued protection under the stay.
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Court
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