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· 4/19/1991

In Re New Era Co.

Citations

  • 125 B.R. 725
  • 1991 U.S. Dist. LEXIS 5219
  • 1991 WL 58849

How courts have described this case

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

  • holding that because both elements of § 362(d)(2) had been met, court need not reach the question of relief under § 362(d)(1)
  • Timbers standard not satisfied when debtor did not present any documentary to support its \unrealistic hypotheticals\
  • the ownership of the additional collateral was unclear and the property was subject to an interpleader action
  • “Equity in this context refers to the ‘difference between the property value and the total amount of liens against it.” (internal citations and quotation marks omitted)
  • “section 362(d)(2) only demands an analysis of the debtor’s equity in the property”
  • “Since the provision [11 U.S.C. § 362(d)(2)] was drafted in the conjunctive, it is clear that both prongs of the test must be satisfied before relief from the stay can be granted”

Source: CourtListener parenthetical corpus (CC0).

Judges: Goettel

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.