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S&T Bank v. Garbinski (In re Garbinski)

S&T Bank v. Garbinski (In re Garbinski)

Ruling
Relief from stay to foreclose granted given lack of equity and no reasonable possibility of successful reorganization.
Procedural posture

Secured creditor bank sought an order for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2). Respondents, chapter 11 individual debtors opposed the motion, asserting that the bank had verbally granted them time to complete the real estate project subject to the loan.

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Consumer opinion summary, case decided on July 26, 2011 , LexisNexis #0811-076