In Re B & I Realty Co., Inc.

DECISION AND ORDER: PAWS MOTION FOR RELIEF FROM STAY

PHILIP H. BRANDT, Bankruptcy Judge.

The Progressive Animal Welfare Society (“PAWS”) seeks to liberate Ivan, a male western lowland gorilla owned by Debtor B & I Realty Co. (“B & I”). To that end, PAWS has moved for relief from the automatic stay of the Bankruptcy Code 1 to enforce, by citizen’s suit, provisions of the Endangered Species Act of 1973 (“ESA”) 2 . As PAWS lacks standing, and as it has not shown cause, the motion is denied.

I. BACKGROUND

Debtor B & I Realty Co. (“B & I”), now largely a lessor of retail space to concessionaires, has…