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In re Appleridge Ret. Cmty. Inc.

In re Appleridge Ret. Cmty. Inc.

Ruling
Relief from stay granted due to lack of equity in property which was not necessary to reorganization and improper PILOT classification.
Procedural posture

Movant creditor sought relief from the automatic stay under 11 U.S.C.S. § 362(d). The issues were whether the property is necessary to an effective reorganization under 11 U.S.C.S. § 362(a)(2)(B), whether the debtor's plan was patently unconfirmable, because it improperly classified the PILOT creditor class as a separate class, and no other plan could be confirmed without the consent of the moving creditor.

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Commercial opinion summary, case decided on January 12, 2010 , LexisNexis #0210-074