· 7/1/2010
In Re Project Orange Associates, LLC
Citations
- 432 B.R. 89
- 2010 Bankr. LEXIS 1967
- 2010 WL 2653632
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Lifting the automatic stay will greatly assist this Court with the bankruptcy case, not interfere with it.”
- “Once the moving party establishes a prima facie case for ‘cause,’ the burden shifts to the debtor to disprove its existence.”
- “The state court is the most efficient and appropriate place for that discovery to take place and the decision to be made, considering Justice DeJoseph's involvement in the various actions.”
- “ Bad faith may be sufficient 25 ‘cause’ to lift the stay.”
- “Given Project Orange's litigation history, the Court presumes that the Debtor will appeal in whatever court system it loses, if that occurs. This Court … rejects the argument that the mere possibility of an appeal should affect the analysis.”
- “Both the summary judgment motion in the Yellowstone Action and the Eviction Proceeding were scheduled to be heard by Justice DeJoseph on April 30, 2010 — one day after the Debtor filed for Chapter 11 protection in this Court.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin Glenn
Read full opinion on CourtListenerSourced 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.