Legal Opinion

In re Evans Coal Corp.

United States Bankruptcy Court, E.D. Tennessee

Decided January 8, 2013No. 11-35468PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND ON TRUSTEE’S MOTION TO ASSUME LEASE

RICHARD STAIR, JR., Bankruptcy Judge.

These contested matters are before the court on the following: (1) Motion for Relief from the Automatic Stay, or in the Alternative, for Adequate Protection (Motion for Stay Relief) filed on March 21, 2012, by Bradley S. Smith and Susan D. Smith (the Smiths), seeking relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) (2006) to allow them to terminate their lease agreement with the Debt- or or, in the alternative, seeking adequate protection; and (2)…

2Cases cited15 opinions

  1. In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993
  2. In the Matter of James Minges, Debtor. Control Data Corporation v. Steven Zelman, Trustee-AppelleeCourt of Appeals for the Second Circuit · 1979
  3. COR Route 5 Co. v. Penn Traffic Co.Court of Appeals for the Second Circuit · 2008
  4. In Re Planned Systems, Inc.United States Bankruptcy Court, S.D. Ohio · 1987
  5. In Re DB Capital Holdings, LLCUnited States Bankruptcy Court, D. Colorado · 2011

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3Cited by1 opinion

  1. In re ASPC Corp.United States Bankruptcy Court, S.D. Ohio · 2019

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