Ramco Industries v. Moore (In re Moore)

OPINION

HUGHES, Bankruptcy Judge:

Rameo Industries appeals from a judgment which dismissed its complaint for relief from the automatic stay imposed by 11 U.S.C. § 362 “on the merits.” We construe the judgment as a determination that appellant is not stayed from enforcing its rights, if any, in the subject property and affirm.

I

In many respects, this case is similar to In re Preuss, 15 B.R. 896 (9th Cir. 1981), in which we held that plaintiff creditor was entitled to an order giving relief from stay in a chapter 7 case once it was apparent that there was no equity in the property of benefit to…