· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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