In Re Gregory
United States Bankruptcy Court, M.D. Tennessee
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The Federal Deposit Insurance Corporation (“FDIC”) seeks relief from the § 362 stay. The issues are: (1) whether nonbusiness, consumer, wage-earning debtors are eligible for Chapter 11 relief; and (2) whether the debtors’ residence is “necessary to an effective reorganization” within the meaning of 11 U.S.C.A. § 362(d)(2)(B) (Westl.979). 1 The court finds that the debtors qualify for Chapter 11 relief, however, the FDIC is entitled to relief from the stay because the debtors have no equity in their residence and the property is not necessary to an…
2Cases cited45 opinions
- United States v. TurketteSupreme Court of the United States · 1981
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
- Meadowbrook Investors' Group v. Thirtieth Place, Inc. (In Re Thirtieth Place, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- In Re Coastal Cable T v. Inc., Debtor. Gerald Connell v. Coastal Cable T v. Inc.Court of Appeals for the First Circuit · 1983
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3Cited by22 opinions
- In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
- In Re CromptonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re Zelda Moog, Debtor-AppellantCourt of Appeals for the Eleventh Circuit · 1985
- William Joseph Wamsganz and Wanda A. Wamsganz v. Boatmen's Bank of De SotoCourt of Appeals for the Eighth Circuit · 1986
- Soliman v. Spencer (In Re Spencer)District Court, D. Delaware · 1990
17 more not listed; retrieve them via the Exa API.