- 11 U.S.C.
In re Barnes
Jun
28
2011
Ruling
Relief from stay granted where debtor's defense of equity in property was outdated and not specific.
Procedural posture
Bankruptcy debtors were six months in arrears on their mortgage payments and were negotiating with their mortgage creditor to arrange a new payment plan. The creditor moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d)(2) on the ground that the debtors had no equity in their mortgaged property.
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Court
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