- 11 U.S.C.
In re Gardstein
Jun
28
2013
Ruling
Debtor ordered to amend plan to address postpetition arrearage or relief from stay would be granted to creditor.
Procedural posture
The matter was before the court on a renewed motion for relief from stay pursuant to 11 U.S.C.S. § 362(d)(1) filed by a creditor. The debtors objected.
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Court
:
- 11 U.S.C.
In re Cultural Assets 1 LLC
Dec
14
2012
Ruling
Owners of residence occupied by debtor granted relief from stay to determine status of tenancy.
Procedural posture
The owners of a residence occupied by LLC, a chapter 11 debtor, sought relief from stay per 11 U.S.C.S. § 362 in the form of orders allowing them to sell the residence and to continue related state court litigation. Movants also sought an order that no Fed. R. Bankr. P. 4001 stay of proceedings would be in effect.
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Court
:
- 11 U.S.C.
In re Crenshaw
Nov
08
2012
Ruling
Relief from stay to pursue state court remedies granted given lack of equity in property that was not necessary for reorganization.
Procedural posture
Creditors filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d)(2) in order to pursue state law remedies with regard to their lien on the debtor's property.
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Court
:
- 11 U.S.C.
In re 4th Street East Investors Inc.
May
15
2012
Ruling
Relief from stay granted due to lack of equity and no possibility of cramming down plan in reasonable time.
Procedural posture
A creditor sought relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) and for conversion of the case from chapter 11 to chapter 7 under 11 U.S.C.S. § 1112.
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Court
:
- 11 U.S.C.
In re Lakeside Dev. LLC
Feb
24
2012
Ruling
Relief from stay denied because value of property exceeded bank's claim and to allow trustee to attempt to sell property.
Procedural posture
A bank filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(2). The chapter 7 trustee objected to the motion.
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Court
:
- 11 U.S.C.
In re McCombs
Dec
21
2011
Ruling
Relief from stay granted to mortgagee where value of property was dropping and couldn't be protected by rental income.
Procedural posture
A bank filed a motion against the chapter 11 debtor for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1) and (2).
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Court
:
- 11 U.S.C.
In re 4.98 Westgate Partners LLC
Dec
07
2011
Ruling
Relief from stay denied where creditor was adequately protected.
Procedural posture
A chapter 11 debtor, which was a single asset entity, filed a motion to value collateral and a creditor filed a motion for relief from the automatic stay or, in the alternative, for adequate protection.
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Court
:
- 11 U.S.C.
In re Smithville Crossing LLC
Sep
28
2011
Ruling
Relief from stay denied due to reasonable likelihood of reorganization.
Procedural posture
In debtor real estate LLC's chapter 11, movant lender sought an order requiring debtor's counsel to disgorge a $40,000 retainer allegedly paid from funds in which movant had a secured interest and orders either granting relief from stay per 11 U.S.C.S. § 362(d)(2) or dismissing the case for bad faith per 11 U.S.C.S. § 1112. Debtor moved for an order requiring movant to turn over certain property. Finally, debtor sought authority to hire a CPA.
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Court
:
- 11 U.S.C.
In re Lippold
Sep
06
2011
Ruling
Relief from stay to foreclose denied where bank failed to establish status as owner or holder of note.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a bank, acting as trustee on behalf of the holders of a home equity loan trust, filed a motion to vacate the automatic stay pursuant to 11 U.S.C.S. § 362(d)(2) so it could proceed with foreclosure on the debtor's primary residence. Neither the debtor's counsel nor the chapter 7 trustee filed an objection to the bank's motion.
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Court
:
- 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
: