Mostoller v. Citicapital Commercial Corp. (In Re Stetson & Associates, Inc.)

MEMORANDUM

RICHARD STAIR, JR., Bankruptcy Judge.

Presently before the court are the following matters: (1) the Motion for Relief from the Automatic Stay and for Abandonment by the Chapter 7 Trustee (Motion for Relief), filed by the Defendant, CitiCapital Corporation (Defendant), in the Debtor’s case on April 8, 2004, seeking relief from the automatic stay pursuant to 11 U.S.C.A. § 362(d) (West 2004) to permit it to foreclose its liens encumbering equipment of the Debtor and requesting an order directing the Chapter 7 Trustee, Ann Mostoller (Plaintiff), to abandon her interest in the equipment…