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§ 362(d)(4)(A)

Mori, In re

Ruling
Creditor was entitled to termination of automatic stay as debtor engaged in a scheme by thetransfer of an interest in the property at issue to the debtor four days before a scheduledforeclosure sale. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors

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Consumer opinion summary, case decided on November 21, 2022 , LexisNexis #0123-56

Benchmark Mun. Tax Serv. v. Roman

Ruling
Motion for in rem relief from stay was granted where creditor failed to meet its burden toestablish that the filing of debtor's petition was part of a scheme to delay, hinder, or defraudthe creditor. (Bankr. D. Conn.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors

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Commercial opinion summary, case decided on December 03, 2021 , LexisNexis #0122-083

City of Pittsburgh Prop. Dev., In re--McKeesport Area Sch. Dist. v. City of Pittsburgh Prop. Dev.

Ruling
Relief from automatic stay granted as debtor filed its bankruptcy petition as part of a scheme to delay, hinder, or defraud the movants through the non-consensual transfer of real property. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property; Transfer of Ownership.

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Commercial opinion summary, case decided on January 03, 2018 , LexisNexis #0218-035

In re Abdulla

Ruling
Relief from stay to foreclose on debtor's two apartment buildings denied where creditor was adequately protected.
Procedural posture

Creditor, which held a mortgage on the debtors' two contiguous apartment buildings (property), sought relief from the automatic stay to foreclose its mortgage. The debtors sought authority to use the creditor's cash collateral which consisted of the rents generated by the nine currently- occupied units.

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Consumer opinion summary, case decided on February 06, 2009 , LexisNexis #0609-004