In Re Morysville Body Works, Inc.
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
MEMORANDUM OPINION
THOMAS M. TWARDOWSKI, Bankruptcy Judge.
The Small Business Administration (“SBA”) presses this motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1), § 362(d)(2)(A) and § 362(d)(2)(B) against Morysville Body Works, Inc. (“debtor”), an entity which received a $250,000 second mortgage loan now held by the SBA 1 . Considering the evidentiary burdens in this case, we find that the Debt- or has equity in its real property, and that the existing “equity cushion” is sufficient to provide the SBA with “adequate protection” in spite of debtor’s failure over a 55…
2Cases cited32 opinions
- Interstate Commerce Commission v. Louisville & Nashville RailroadSupreme Court of the United States · 1913
- Int. Com. Comm. v. Louis. & Nash. RRSupreme Court of the United States · 1913
- In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
- In Re AughenbaughCourt of Appeals for the Third Circuit · 1942
- Funk v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1947
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3Cited by22 opinions
- In Re Elmira Litho, Inc.United States Bankruptcy Court, S.D. New York · 1994
- In The Matter Of Josephine M. MendozaCourt of Appeals for the Fifth Circuit · 1997
- Equitable Life Assurance Society v. James River Associates (In Re James River Associates)District Court, E.D. Virginia · 1992
- In Re RorieUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- In Re KernsDistrict Court, S.D. Indiana · 1990
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