Legal Opinion
Matter of Udell
United States Bankruptcy Court, N.D. Indiana
Decided September 17, 1992No. 19-20371PublishedCited by 5 opinions
1Opinion of the Court
DECISION
ROBERT E. GRANT, Bankruptcy Judge.
This matter is before the court on a motion for relief from stay, filed on behalf of Carpetland, USA. Carpetland argues that “cause” exists to terminate the automatic stay, pursuant to § 362(d)(1), to allow it to enforce a preliminary injunction entered by the Allen Superior Court against the debtor.
The burden of proof on a motion for relief from stay is a shifting one. The moving creditor must initially make a pri-ma facie case that cause exists to lift or modify the stay. Having successfully done so, the burden then shifts to the debtor to show that…
2Cases cited40 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Butner v. United StatesSupreme Court of the United States · 1979
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
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3Cited by5 opinions
- In the Matter of Barry Stuart Udell, Debtor-Appellee. Appeal of the Standard Carpetland Usa, Inc.Court of Appeals for the Seventh Circuit · 1994
- In Re KilpatrickUnited States Bankruptcy Court, E.D. Michigan · 1993
- Udell v. Standard Carpetland USA, Inc.District Court, N.D. Indiana · 1993
- In Re Petroleum Piping Contractors, Inc.United States Bankruptcy Court, N.D. Indiana · 1997
- Enodis Corp. v. Wausau Ins. Co. (In Re Consolidated Industries Corp.)United States Bankruptcy Court, N.D. Indiana · 2001