In Re Northwest Aggregate & Const. Co., Inc.

ORDER

ROSZKOWSKI, District Judge.

This case comes before the court as an appeal from a decision of the bankruptcy court. The bankruptcy court denied the appellant Stillman Valley National Bank’s motion for relief from stay. Based upon the record and the briefs, and for the reasons set forth below, the court vacates the decision of the bankruptcy judge.

BACKGROUND

The debtor Northwest Aggregate & Construction Company filed for relief under Chapter 11 of the Bankruptcy Code in December 1985. Pursuant to Section 362 of the Code, the filing stayed a state court foreclosure proceeding brought by…