In Re Zeoli
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION GRANTING RELIEF FROM STAY
ADLAI S. HARDIN, Jr., Bankruptcy Judge.
At issue in this contested matter is the interplay between a secured creditor’s right under 11 U.S.C. § 362(d) to relief from the automatic stay and a debtor’s rights under the so-called “cram-down” power under 11 U.S.C. §§ 1322(b)(2), 1325(a)(5)(B) and 506(a). 1
The facts are simple and, except as to value, undisputed. In early 1996 the debtors leased a new Jeep Grand Cherokee vehicle (the “vehicle”). The three-year lease expired in early 1999, but the debtors retained possession of and continued to use the…
2Cases cited8 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re Elmira Litho, Inc.United States Bankruptcy Court, S.D. New York · 1994
- In Re TouloumisUnited States Bankruptcy Court, S.D. New York · 1994
- In Re Diplomat Electronics Corp.United States Bankruptcy Court, S.D. New York · 1988
- In Re De KleinmanUnited States Bankruptcy Court, S.D. New York · 1993
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3Cited by4 opinions
- In Re SchuesslerUnited States Bankruptcy Court, S.D. New York · 2008
- In re KolnbergerUnited States Bankruptcy Court, E.D. New York · 2019
- Harmony Holding Group, LLCUnited States Bankruptcy Court, E.D. New York · 2023
- In re: Christopher Justin RisherUnited States Bankruptcy Court, D. Minnesota · 2026