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§ 362(d)(1)

G & B Aircraft Mgmt. v. Smoot (In re Utah Aircraft Alliance)

Mar
20
2006
Ruling
Seller of an aircraft to the debtor was denied relief from the automatic stay since the seller only had an unperfected security interest.
Procedural posture

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.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 20, 2006 , LexisNexis #0406-012
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In re Cinole Inc.

Mar
16
2006
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.
Procedural posture

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.

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opinion summary, case decided on March 16, 2006 , LexisNexis #0406-084
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In re Anderson

Feb
06
2006
Ruling
Owner's motion to annual bankruptcy stay was granted to allow eviction to proceed.
Procedural posture

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.

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opinion summary, case decided on February 06, 2006 , LexisNexis #0706-051
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In re Star Broad.

Jan
20
2006
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.
Procedural posture

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).

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opinion summary, case decided on January 20, 2006 , LexisNexis #0206-057
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In re Moore

Dec
14
2005
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.
Procedural posture

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.

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opinion summary, case decided on December 14, 2005 , LexisNexis #0206-030
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