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§ 362(d)(2)(A)

In re Saito Bros.

Mar
16
2016
Ruling
Relief from stay granted over trustee's objection.
Issue(s)
Was creditor entitled to relief from stay over trustee's objection?

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Commercial opinion summary, case decided on March 16, 2016 , LexisNexis #0416-042
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Grant Konvalinka & Harrison PC v Still (In re McKenzie)

Dec
17
2013
Ruling
Creditor required to establish validity of security interest in collateral when seeking relief from stay and trustee could use avoidance powers to defeat relief from stay after two year limitations period.
Issue(s)
Which party bears the burden of establishing the validity of a creditor's security interest in the debtor's property and may a trustee use his hypothetical lien-creditor status and avoidance powers to oppose a motion for relief from the automatic stay after the expiration of the two-year statutory limitation on avoidance actions.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 17, 2013 , LexisNexis #0114-007
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In re Appleridge Ret. Cmty. Inc.

Jan
12
2010
Ruling
Relief from stay granted due to lack of equity in property which was not necessary to reorganization and improper PILOT classification.
Procedural posture

Movant creditor sought relief from the automatic stay under 11 U.S.C.S. § 362(d). The issues were whether the property is necessary to an effective reorganization under 11 U.S.C.S. § 362(a)(2)(B), whether the debtor's plan was patently unconfirmable, because it improperly classified the PILOT creditor class as a separate class, and no other plan could be confirmed without the consent of the moving creditor.

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Commercial opinion summary, case decided on January 12, 2010 , LexisNexis #0210-074
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Martens v. Countrywide Home Loans (In re Martens)

Oct
03
2005
Ruling
Order granting relief from automatic stay was affirmed where the debtor admitted to making no mortgage payments for several months and to having no equity in the property.
Procedural posture

Husband and wife debtors filed for relief under chapter 7. The bankruptcy court granted appellant creditor's motion for relief from the automatic stay with respect to the debtors'real property. Appellant wife (debtor) filed a pro se appeal of that decision; the husband did not join the appeal.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on October 03, 2005 , LexisNexis #0106-076
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