First Connecticut Small Business Investment Co. v. Clark Technical Associates, Ltd. (In Re Clark Technical Associates, Ltd.)
United States Bankruptcy Court, D. Connecticut
1Opinion of the Court
DECISION ON APPLICATION TO LIFT AUTOMATIC STAY
HOWARD SCHWARTZBERG, Bankruptcy Judge. *
The debtor in this Chapter 11 case affirmatively asserts its lack of equity in the property in question as a reason for continuing the automatic stay under Code § 362 on the novel theory that the difference between the secured debt and the value of the property is so great that the secured creditor does not have anything to lose by a continuance of the stay.
FINDINGS OF FACT
1.On Juné 6, 1980, an involuntary petition for relief under Chapter 7 of the Bankruptcy Code was filed against the above-named debtor. An…
2Cases cited4 opinions
- City National Bank v. San Clemente Estates (In Re San Clemente Estates)United States Bankruptcy Court, S.D. California · 1980
- Terra Mar Development Corp. v. Terra Mar Associates (In Re Terra Mar Associates)United States Bankruptcy Court, D. Connecticut · 1980
- In Re Hutton-Johnson Co., Inc.United States Bankruptcy Court, S.D. New York · 1980
- Franklin Corp. v. Riviera Inn of Wallingford, Inc. (In Re Riviera Inn of Wallingford, Inc.)United States Bankruptcy Court, D. Connecticut · 1980
3Cited by29 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1987
- La Jolla Mortgage Fund v. Rancho El Cajon AssociatesUnited States Bankruptcy Court, S.D. California · 1982
- Buffalo Savings Bank v. Marston Enterprises, Inc. (In Re Marston Enterprises, Inc.)United States Bankruptcy Court, E.D. New York · 1981
- First Agricultural Bank v. Jug End in Berkshires, Inc. (In Re Jug End in the Berkshires, Inc.)United States Bankruptcy Court, D. Massachusetts · 1985
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