Legal Opinion

Gauvin v. Wagner (In Re Gauvin)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 1, 1982No. BAP No. EC 82-1130 EHK, BK No. 181-00019, Adv. Nos. 181-0284, 181-0944 and 182-0011PublishedCited by 20 opinions

1Per curiam

The debtor appeals from an order granting relief from stay on the ground that the creditor’s interest in the debtor’s property was not adequately protected. 11 U.S.C. § 362(d)(1). We affirm.

The debtor relied entirely on an equity cushion in the subject 595.16 acres of raw land in Madera County. He offered no other form of adequate protection to plaintiffs.

Plaintiffs’ appraiser opined that the highest and best use for the property was agricultural and based on a market value approach, valued the property at $1,636,690. The parties stipulated that the outstanding secured indebtedness to…

2Cited by20 opinions

  1. In Re Elmira Litho, Inc.United States Bankruptcy Court, S.D. New York · 1994
  2. Ellis v. Parr (In Re Ellis )United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
  3. First Agricultural Bank v. Jug End in Berkshires, Inc. (In Re Jug End in the Berkshires, Inc.)United States Bankruptcy Court, D. Massachusetts · 1985
  4. Clark Equipment Credit Corp. v. Kane (In Re Kane)United States Bankruptcy Court, M.D. Pennsylvania · 1983
  5. Philadelphia Consumer Discount Co. v. Commercial Credit Business Loans, Inc. (In Re Philadelphia Consumer Discount Co.)District Court, E.D. Pennsylvania · 1984

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