§ 362(d)

In re Blue Hill Sports Grille

Movant, the debtor's former landlord, sought a dismissal of the bankruptcy proceeding initiated by the debtor. Alternatively, the landlord sought relief from the stay so that it could relet the debtor's former premises, sell the debtor's personalty at public auction, and transfer the debtor's liquor license.
Ruling: 
Court granted a landlord relief from an automatic stay to permit reletting of the premises formerly rented by the debtor but did not grant relief as to the debtor's personalty.
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In re Winn-Dixie Stores Inc.

Movant lessor sought relief from the automatic stay pursuant to 11 U.S.C. § 362(d) to commence eviction procedures with respect to respondent debtor's store.
Ruling: 
Court denied lessor's motion for relief from automatic stay since debtor could still possibly assume or reject lease under section 365.
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G & B Aircraft Mgmt. v. Smoot (In re Utah Aircraft Alliance)

Appellant, the seller of an aircraft to appellee bankruptcy debtor, sought relief from the bankruptcy stay to allow the seller to enforce its property interest in the aircraft based on the seller's retention of title to the aircraft. The seller appealed the order of the Bankruptcy Court for the District of Utah which denied the seller's motion for relief from the stay or for adequate protection.
Ruling: 
Seller of an aircraft to the debtor was denied relief from the automatic stay since the seller only had an unperfected security interest.
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In re Cinole Inc.

Pending was a tax creditor's motion (the Dismissal/Stay Annulment Motion), requesting the court enter an order (1) dismissing debtor's chapter 11 case under 11 U.S.C. § 1112(b) for cause, based upon a finding that there had been a bad faith filing, and (2) under 11 U.S.C. § 362(d), annulling any automatic stay that may have gone into effect with the filing of debtor's petition as to the foreclosed properties. Debtor filed a Contempt Motion.
Ruling: 
Automatic stay was annulled retroactively to the filing date since cause existed and to allow the city to complete its tax sale of the debtor's foreclosed properties.
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Bright v. Wash. Mutual Bank F.A. (In re Bright)

Appellee mortgagee foreclosed on appellant debtor's real property without knowledge of the debtor's bankruptcy until the debtor filed a counterclaim in the mortgagee's state court interpleader action to determine entitlement to surplus proceeds from the foreclosure sale. The debtor appealed the order of the Bankruptcy Court for the District of Massachusetts which granted the mortgagee retroactive relief from the bankruptcy stay.
Ruling: 
Retroactive relief from the automatic stay was granted to a mortgagee to protect subsequent good faith purchasers and since the debtors acted in bad faith by failing to disclose the property interest.
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In re McCray

The debtor leased property from the owners of the property who themselves had a history of bankruptcy filings in an effort to prevent creditor from foreclosing on the subject property. The creditor moved for relief from the automatic stay or for a determination that no stay arose by reason of 11 U.S.C. § 362(b)(22). The creditor claimed to own the property by reason of a foreclosure sale.
Ruling: 
Creditor's motion for relief from stay was granted since filnig was made in bad faith.
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In re Hoyo

The debtor's estranged wife filed a motion for relief from the stay. The wife claimed that the debtor did not retain any interest in property that was to be conveyed to the wife through a marital settlement agreement ("MSA") executed but not performed before the debtor had filed his petition for chapter 7 relief.
Ruling: 
Court denied debtor's wife relief from the automatic stay since a marital settlement agreement that affected the property in question was not final until after filing.
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In re Anderson

An owner of real property through a foreclosure sale obtained a writ of possession of the property, which was occupied by a bankruptcy debtor, after the debtor filed her bankruptcy petition, and the owner sought to evict the debtor. Pursuant to 11 U.S.C. § 362(d)(1), the owner moved to annul the automatic bankruptcy stay to allow the eviction.
Ruling: 
Owner's motion to annual bankruptcy stay was granted to allow eviction to proceed.
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In re Star Broad.

Creditor filed a motion for relief from the automatic stay, 11 U.S.C. § 362, in chapter 11 debtor's case and a motion to dismiss debtor's case under 11 U.S.C. § 1112(b).
Ruling: 
Creditor was granted a motion for relief from the automatic stay since the debtor's acting in bad faith by attempting to reject a perceived unprofitable contract warranted such relief.
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In re Moore

The matter came before the court upon the motion of movant, a real property purchaser, for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to pursue a state court appeal on an expedited basis and upon debtors' motion for deposit of funds into the bankruptcy court. Debtors'also counterclaimed against the purchaser for violation of the automatic stay.
Ruling: 
Automatic stay was lifted for a purchaser of debtor's real property to pursue a state court appeal regarding surplus funds from the purchase since the state court appeal was the only means of appealing a prior decision.
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