- 11 U.S.C.
Wells Fargo v. Speer (In re Speer)
Aug
13
2015
Ruling
Relief from stay granted due to lack of equity in property securing creditor's undisputed lien.
Issue(s)
Should creditor be granted relief from stay over debtor's objection?
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Court
:
- 11 U.S.C.
In re Jespersen
Jan
16
2015
Ruling
Bankr granted relief from stay to enforce note.
Issue(s)
Should creditor bank be granted relief from stay to enforce its note due to debtor's failure to make six postpetition payments?
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Court
:
- 11 U.S.C.
In re Hutch Holdings Inc.
Dec
30
2014
Ruling
Relief from stay denied as to real estate that was necessary to debtor's effective reorganization.
Issue(s)
Was real estate "necessary to an effective reorganization" or could relief from stay be granted to allow secured creditor to proceed against it?
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Court
:
- 11 U.S.C.
In re Chardon
Sep
30
2014
Ruling
Bank was not entitled to relief from stay to proceed against property held in land trust in which debtor brothers held beneficial interests.
Issue(s)
Was bank entitled to relief from stay to foreclose on property held in land trust in which debtor brothers held beneficial interests?
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Court
:
- 11 U.S.C.
In re Primes
Sep
26
2014
Ruling
Relief from stay denied where creditor's attempt to circumvent foreclosure through terms of forbearance agreement was ineffective under state law.
Issue(s)
Did quit claim provided by debtor in connection with a forbearance agreement entitle creditor to relief from stay to take possession of the subject property?
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Court
:
- 11 U.S.C.
In re Guyton
Sep
25
2014
Ruling
Relief from stay denied where mobile home was necessary to effective reorganization.
Issue(s)
Was creditor entitled to relief from stay to proceed against debtor's mobile home?
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Court
:
- 11 U.S.C.
In re Shepler
Jul
24
2014
Ruling
Relief from stay granted to allow creditor to proceed against debtor's vehicles, which were not necessary to an effective reorganization.
Issue(s)
Should debtor's marshaling of assets argument apply to prevent granting of relief from stay as to debtor's truck because the real estate securing the debt is sufficient to satisfy the creditor's claim?
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Court
:
- 11 U.S.C.
Grant Konvalinka & Harrison PC v Still (In re McKenzie)
Dec
17
2013
Ruling
Creditor required to establish validity of security interest in collateral when seeking relief from stay and trustee could use avoidance powers to defeat relief from stay after two year limitations period.
Issue(s)
Which party bears the burden of establishing the validity of a creditor's security interest in the debtor's property and may a trustee use his hypothetical lien-creditor status and avoidance powers to oppose a motion for relief from the automatic stay after the expiration of the two-year statutory limitation on avoidance actions.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Heithmeier
Oct
18
2013
Ruling
Creditor entitled to relief from stay where there was no equity in property securing debt.
Issue(s)
Was creditor entitled to relief from stay on the grounds that there was no equity in property securing debt that was not necessary to an effective reorganization.
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Court
:
- 11 U.S.C.
In re 11447 Second St. I LLC
Aug
08
2013
Ruling
Relief from stay granted to allow creditor to proceed against shopping center lacking equity and not necessary for effective reorganization.
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Court
: