Legal Opinion
In Re Kerns
District Court, S.D. Indiana
Decided March 8, 1990No. TH 89-85-C, Bankruptcy No. TH 89-16PublishedCited by 21 opinions
1Opinion of the Court
ORDER ON APPEAL FROM DECISION OF BANKRUPTCY COURT
McKINNEY, District Judge.
This cause comes before the District Court on the appeal of the Chapter 12 debtor. The central question presented is whether the Bankruptcy Court erred in lifting the automatic stay early in the bankruptcy to allow the debtor’s farm land to be sold, notwithstanding the fact that the secured creditor had an equity cushion and adequate protection in the land. For the reasons set forth below, the Court REVERSES the decision of the Bankruptcy Court and REMANDS this cause for further proceedings.
I. FACTUAL AND PROCEDURAL…
2Cases cited56 opinions
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
- Diamond v. ChakrabartySupreme Court of the United States · 1980
- Federal Deposit Insurance Corporation, in Its Corporate Capacity v. George C. Meyer, Margaret Meyer & Edwin A. MeyerCourt of Appeals for the Seventh Circuit · 1986
51 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In Re Club Associates, Debtor. First Union Real Estate Equity and Mortgage Investments v. Club Associates, a Georgia Limited PartnershipCourt of Appeals for the First Circuit · 1992
- Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
- Wiese v. Appeal of Community Bank of Central WisconsinCourt of Appeals for the Seventh Circuit · 2009
- Equitable Life Assurance Society v. James River Associates (In Re James River Associates)District Court, E.D. Virginia · 1992
- In Re Cgi Industries, Incorporated Formerly Known as Creative Glassworks International, Incorporated, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
16 more not listed; retrieve them via the Exa API.