In Re Elmira Litho, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that in the “absence of an equity cushion.. .if the collateral is also declining in value, it is more likely than not that the secured creditor is being injured by the continuation of the stay”
• noting that “[t]he secured creditor who seeks relief from the automatic stay under § 362(d)(2) must demonstrate ... that its claim is secured by a valid, perfected lien in property of the estate”
• ruling, “[a]n equity cushion, therefore, provides adequate protection if it is sufficiently large to ensure that the secured creditor will be able to recover its entire debt from the security at the completion of the case.”
• “It is beyond cavil that an equity cushion can, under certain circumstances, serve as a form of adequate protection.”
• creditor may satisfy its burden of proof under section 362(d)(1) by “demonstrating that the debtor has completely failed, or substantially failed, to make post-petition payments.”
• “An equity cushion, therefore, provides adequate protection if it is sufficiently large to ensure that the secured creditor will be able to recover its entire debt from the security at the completion of the case.”

Source: CourtListener parenthetical corpus (CC0).