- 11 U.S.C.
In re FRE Real Estate Inc.
Jun
06
2011
Ruling
Relief from stay granted unless debtor's affiliates make deposits protecting creditor's interests.
Procedural posture
Movant, the agent for a bank that was a debtor's main creditor, asked the court to grant relief from stay per 11 U.S.C.S. § 362 to allow it to foreclose on certain property of a chapter 11 debtor on the grounds that debtor lacked equity in the property and will be unable to reorganize or, alternatively, that the case was a bad faith filing that was subject to termination of stay per § 362(d)(1).
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Court
:
- 11 U.S.C.
Lafayette Fin. LLC v. Horseshoe Point LLC (In re Horseshoe Point LLC)
Apr
14
2011
Ruling
Relief from stay to foreclose granted due to lack of equity in property.
Procedural posture
A lender filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) in order to foreclose on its indebtedness and lien on a Chapter 11 debtor's property. The lender also made a request to compel adequate protection. A neighboring property owner intervened in support of the lender.
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Court
:
- 11 U.S.C.
Flaherty v. Nims (In re Nims)
Apr
13
2011
Ruling
Relief from stay granted to allow state court appointed trustee to consummate sale of property co-owned by debtor and former spouse.
Procedural posture
A Chapter 13 debtor's ex-wife filed an emergency motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) in order to allow a trustee appointed by a state court to consummate the sale of real property that she co-owned with the debtor.
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Court
:
- 11 U.S.C.
In re Gibellino-Schutz
Apr
11
2011
Ruling
Relief from stay to pursue indemnity and contribution actions against debtor denied.
Procedural posture
Cross claimants in state court litigation with Chapter 7 debtor filed a motion seeking termination of the bankruptcy stay under 11 U.S.C.S. § 362(d)(1) so that they could prosecute their indemnity and contribution crossclaim against the debtor.
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Court
:
- 11 U.S.C.
In re Ranking
Mar
15
2011
Ruling
Stay modified to allow creditor to join chapter 13 debtor as party in personal injury case for purpose of determining liability.
Procedural posture
A creditor sought to modify the stay pursuant to 11 U.S.C.S. § 362(d)(1) to join a chapter 13 as a party to an action involving personal injury tort claims in order to obtain a ruling on liability and damages.
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Court
:
- 11 U.S.C.
Nyamekye v. Wells Fargo Bank (In re Nyamekye)
Feb
15
2011
Ruling
Bankruptcy court properly granted relief from stay to proceed with eviction on foreclosed property.
Procedural posture
Creditors filed an involuntary petition under chapter 7 of the Bankruptcy Code against appellant debtor in May 2010, and appellee bank filed a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (d)(2)(A) and (B). The United States Bankruptcy Court for the Central District of California granted the bank's motion, and the debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re WH Land Co. LLC
Feb
14
2011
Ruling
Possibly undersecured second mortgagee entitled to relief from stay.
Procedural posture
This matter came before the court upon a motion for relief from the automatic stay filed by a second mortgagee. Objections to the motion were filed by the trustee and a first mortgagee (bank).
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Court
:
- 11 U.S.C.
In re Aleris Intl Inc.
Jan
31
2011
Ruling
Relief from stay to allow creditor to take possession of four-wheel drive loader for which debtor had not paid denied as security interest had never been perfected.
Procedural posture
Movant, the seller of a 4 wheel drive loader to the debtor, filed a motion for relief from the automatic stay for cause under 11 U.S.C.S. § 362(d)(1), asserting it had rights to the loader pursuant to a sales contract against the debtor, which retained possession of the loader but had not paid any consideration.
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Court
:
- 11 U.S.C.
In re Sterling Estates (Delaware) LLC
Jan
06
2011
Ruling
Special servicer granted relief from stay as representative of holders of mortgage pass-through certificates trust that was not adequately protected.
Procedural posture
Before the court was (i) debtor's motion for use of cash collateral, (ii) a motion for valuation of property by a company that asserted authority to litigate the pending contested matters as Special Servicer, asserted to be a representative of the trustee for the registered holders of a mortgage pass-through certificates trust, and (iii) the company's motion for relief from the automatic stay. A trial was concluded.
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Court
:
- 11 U.S.C.
Rashad v. Kelly (In re Rashad)
Dec
02
2010
Ruling
Relief from stay granted for limited purpose of allowing creditor to assert claims and defenses in adversary proceeding regarding allegedly void foreclosure.
Procedural posture
Defendant filed a motion to transfer venue of plaintiff debtor's adversary proceeding to a district court in California. Defendant also filed a motion for relief from the automatic stay for cause pursuant to 11 U.S.C.S. § 362(d)(1).
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Court
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