Legal Opinion
Bankers Life Insurance v. Alyucan Interstate Corp. (In Re Alyucan Interstate Corp.)
United States Bankruptcy Court, D. Utah
Decided July 16, 1981No. 19-21177PublishedCited by 99 opinions
1Opinion of the Court
INTRODUCTION AND BACKGROUND
RALPH R. MABEY, Bankruptcy Judge.
This case raises the question whether an “equity cushion” is necessary to provide adequate protection under 11 U.S.C. Section 362(d)(1). 1 This Court concludes that it is not.
On January 14, 1981, Alyuean Interstate Corporation (debtor), a construction and real estate development firm, filed a petition under Chapter 11 of the Code. On May 4, Bankers Life Insurance Company of Nebraska (Bankers Life), holder of a trust deed on realty owned by debtor, brought this action for relief from the automatic stay under Section 362(d). The…
2Cases cited17 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
- In Re Fidelity Mortgage Investors, Debtor. Fidelity Mortgage Investors, Applicant-Appellee v. Camelia Builders, Inc.Court of Appeals for the Second Circuit · 1977
- Metropolitan Life Ins. v. Murel Holding Corp.Court of Appeals for the Second Circuit · 1935
- Wright v. Union Central Life InsuranceSupreme Court of the United States · 1941
12 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
- In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
- In Re Pine Lake Village Apartment Co.United States Bankruptcy Court, S.D. New York · 1982
- In the Matter of Leslie BOOMGARDEN, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1985
- In Re BoothUnited States Bankruptcy Court, D. Utah · 1982
94 more not listed; retrieve them via the Exa API.