Legal Opinion

In re Laguna Associates Ltd.

District Court, E.D. Michigan

Decided August 12, 1992No. Bankruptcy No. 92-02870-SPublished

1Opinion of the Court

OPINION GRANTING AETNA’S MOTION TO LIFT STAY

WALTER SHAPERO, Bankruptcy Judge.

FACTUAL BACKGROUND

On March 6, 1992, Laguna Associates Limited Partnership (“Debtor”) filed a Chapter 11 petition. Aetna Casualty and Surety Company (“Aetna”) filed a Motion for Relief from the Stay pursuant to 11 U.S.C. § 362(d)(1) alleging that the case was filed in bad faith and thus, “cause” exists to lift the stay.

Aetna agreed to advance approximately $19.5 million1 to Beztak Company (“Bez-tak”), a Michigan co-partnership pursuant to certain loan documents dated as of July 20, 1988 designed to finance the…

2Cases cited25 opinions

  1. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  2. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  3. In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
  4. In Re David G. Zick, Debtor. Industrial Insurance Services, Inc. v. David G. ZickCourt of Appeals for the Sixth Circuit · 1991
  5. In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985

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