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§ 362(g)

Bustos, In re

Ruling
Bank was entitled to relief from stay as unrebutted evidence was sufficient even though acopy of its deed was not admissible. (Bankr. D.N.J.)
Issue(s)
Automatic Stay; Burden of Proof.

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 12, 2024 , LexisNexis #0824-084

Conway, In re

Ruling
Creditor's motion for relief from the automatic bankruptcy stay was granted as the debtor didnot provide evidence that he could and would make required payments and adequatelyprotect the secured interests of the creditor. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Burden of Proof.

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Consumer opinion summary, case decided on January 09, 2023 , LexisNexis #0323-030

Brice, In re

Ruling
Relief from stay granted as trustee met its burden of demonstrating that debtors lacked equityin their property and debtors offered no evidence that their proposed Chapter 13 plan could beconfirmed. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Burden of Proof; On Issue of Debtor’s Equity.

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Consumer opinion summary, case decided on March 26, 2020 , LexisNexis #0620-007

Tillman, In re

Ruling
Creditor's motion to modify stay granted as the parties agreed on the debt and value of collateral and debtors stated intention to surrender the property. (Bankr. D. Mont.)
Issue(s)
Automatic Stay; Burden of Proof; All Other Issues.

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Consumer opinion summary, case decided on November 09, 2017 , LexisNexis #1217-034

In re Marques

Ruling
Relief from stay to foreclose granted due to lack of equity, lack of adequate protection anddebtor’s bad faith. (Bankr. C.D. Cal.)
Issue(s)
Automatic Stay; Burden of Proof.

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Consumer opinion summary, case decided on April 06, 2016 , LexisNexis #1116-040

In re Delco Oil Inc.

Ruling
Creditor entitled to relief from stay to pursue prepetition deposits in debtor's covert bank accounts.
Procedural posture

Debtor entered into a revolving credit and security agreement with creditor. The debtor pledged as collateral its collections, cash payments, and inventory. The agreement required the debtor to maintain its bank accounts with a specific bank. However, the debtor opened two secret bank accounts. The creditor moved for relief from stay to gain possession of the secret accounts. Chapter 7 trustee and others filed objections (objecting parties).

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opinion summary, case decided on March 21, 2007 , LexisNexis #0507-039

Cedar Funding Inc. v. Bach (In re Bach)

Ruling
Relief from stay granted where debtor had no chance of filing feasible plan within reasonable time.
Procedural posture

In a chapter 11 proceeding, movant creditor, a holder of a second consensual lien on certain commercial property, moved for relief from the automatic stay under 11 U.S.C. § 362(d). Debtor had filed no plan of reorganization. Debtor and her husband, who had filed his own separate chapter 11 proceeding, submitted a proposal for purchase of the property. The proposal was inadequate to pay debtor's unsecured creditors.

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opinion summary, case decided on January 05, 2007 , LexisNexis #0207-041