Legal Opinion
Empire Enterprises, Inc. v. Koopmans (In Re Koopmans)
United States Bankruptcy Court, D. Utah
Decided August 11, 1982No. 19-20849PublishedCited by 47 opinions
1Opinion of the Court
INTRODUCTION AND BACKGROUND
RALPH R. MABEY, Bankruptcy Judge.
This case asks when property is “necessary to an effective reorganization” under 11 U.S.C. Section 362(d)(2)(B).
Debtors filed a petition under Chapter 11 on February 18, 1981. Plaintiff Empire Enterprises, Inc. (Empire) brought this action for relief from the stay on October 27. The complaint alleged, among other things, that debtors have no equity in the property at issue and no “prospect of rehabilitation.”
A preliminary evidentiary hearing was held November 25. The evidence showed that debtors are in the business of buying and…
2Cases cited31 opinions
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Consolidated Rock Products Co. v. Du BoisSupreme Court of the United States · 1941
- Bankers Life Insurance v. Alyucan Interstate Corp. (In Re Alyucan Interstate Corp.)United States Bankruptcy Court, D. Utah · 1981
- Securities & Exchange Commission v. American Trailer Rentals Co.Supreme Court of the United States · 1965
- In Re BoothUnited States Bankruptcy Court, D. Utah · 1982
26 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1987
- Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
- Barclays Bank of New York, N.A. v. Saypol (In Re Saypol)United States Bankruptcy Court, S.D. New York · 1983
- General Electric Mortgage Corp. v. South Village, Inc. (In Re South Village, Inc.)United States Bankruptcy Court, D. Utah · 1982
- In Re Clinton Centrifuge, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
42 more not listed; retrieve them via the Exa API.