Legal Opinion
Lomas Mortgage USA, Inc. v. Elmore (In Re Elmore)
United States Bankruptcy Court, C.D. California
Decided December 14, 1988No. Bankruptcy LAX 85-51356-SBPublishedCited by 13 opinions
1Opinion of the Court
OPINION DENYING RELIEF FROM STAY AND SETTING FURTHER HEARING
SAMUEL L. BUFFORD, Bankruptcy Judge.
I. INTRODUCTION
Creditor Lomas Mortgage USA, Inc. (“Lomas”) brings this motion for relief from the automatic stay imposed by Bankruptcy Code § 362,11 U.S.C. § 362 (1979 & Supp.1988), on the grounds that it lacks adequate protection of its interest in the residence of debtor Merle Elmore (“El-more”), because of Elmore’s failure to make 18 regular monthly mortgage payments after the confirmation of his Chapter 13 plan.
The Court holds that, because the property is not declining in value, Lomas is not…
2Cases cited14 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Wright v. Vinton Branch of Mountain Trust Bank of RoanokeSupreme Court of the United States · 1937
- Wright v. Union Central Life InsuranceSupreme Court of the United States · 1941
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re Elmira Litho, Inc.United States Bankruptcy Court, S.D. New York · 1994
- In Re Club AssociatesUnited States Bankruptcy Court, N.D. Georgia · 1989
- In Re RaymondUnited States Bankruptcy Court, S.D. Ohio · 1989
- In Re SmithUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- In Re GilpinUnited States Bankruptcy Court, W.D. Missouri · 1997
8 more not listed; retrieve them via the Exa API.