In re DB Capital Holdings LLC
May
25
2011
Ruling
Relief from stay granted due to lack of adequate protection, although prepetition waiver of stay was unenforceable.
Procedural posture
A creditor moved for an order granting relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) in three different cases. A debtor moved for an order pursuant to 11 U.S.C.S. §§ 105, 361, 362, 363, 364 and 502 approving postpetition financing. The creditor asserted the bankruptcy was filed on the eve of foreclosure for the purpose of hindering and delaying the creditor and that the debtor waived the automatic stay.
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Court
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