Legal Opinion

Plantation Manor Restaurant of Houma, Inc. v. Wenhope Associates (In re Plantation Manor Restaurant of Houma, Inc.)

United States Bankruptcy Court, W.D. Arkansas

Decided February 27, 1985No. Bankruptcy No. TX 84-48; Adv. No. AP-85-67Published

1Opinion of the Court

ORDER DENYING APPLICATION FOR PRELIMINARY INJUNCTION

DENNIS J. STEWART, Bankruptcy Judge.

This court formerly entered its judgment on December 21, 1984, granting the defend*164ant relief from the automatic stay with respect to certain motel property. 45 B.R. 229. In the exercise of the relief thus granted, the defendant proceeded to foreclosure of the property and the foreclosure sale was scheduled for February 15, 1985.

In the meantime, the debtor filed this action, seeking to enjoin the foreclosure sale thus scheduled, on the grounds that there were “changed circumstances” in that the debtor now…

2Cases cited4 opinions

  1. NEW MOTOR VEHICLE BOARD OF CALIFORNIA v. ORRIN W. FOX CO. Et Al.Supreme Court of the United States · 1978
  2. Peurifoy Stevenson v. Four Winds Travel, Inc., and Peter Frank TiarksCourt of Appeals for the Fifth Circuit · 1972
  3. E.C. Bishop & Son, Inc. v. Department of the Treasury, United States Government (In Re E.C. Bishop & Son, Inc.)United States Bankruptcy Court, W.D. Missouri · 1983
  4. Wenhope Associates v. Plantation Manor Restaurant of Houma, Inc. (In Re Plantation Manor Restaurant of Houma, Inc.)United States Bankruptcy Court, W.D. Arkansas · 1984

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