Legal Opinion

In re Madden

United States Bankruptcy Court, M.D. Florida

Decided August 10, 2001No. 01-02949-9P3Published

1Opinion of the Court

ORDER ON MOTION FOR RELIEF FROM STAY

ALEXANDER L. PASKAY, Chief Judge.

THE controversy in this Chapter 13 case is presented for this Court’s consideration in the context of a Motion for Relief from Stay, which unlike an ordinary stay litigation controversy, requires the determination of the substantive right of the moving party for the relief sought. Notwithstanding, the way the matter is presented requires this Court to determine the validity, vel non, of the secured status of White Sands Construction, Inc. (White Sands), a creditor who filed the Motion seeking relief from the automatic stay.

Th…

2Cases cited8 opinions

  1. Certain British Underwriters at Lloyds of London, England, Etc. v. Jet Charter Service, Inc., and Aeroservice International, Inc., DefendantsCourt of Appeals for the Eleventh Circuit · 1984
  2. Nassau Realty Co., Inc. v. City of JacksonvilleSupreme Court of Florida · 1940
  3. Grasland v. Taylor Woodrow Homes Ltd.District Court of Appeal of Florida · 1984
  4. Seidle v. Tashman (In Re Jam Fine Furniture, Inc.)United States Bankruptcy Court, S.D. Florida. · 1982
  5. Travelers Indem. Co. v. HutchinsDistrict Court of Appeal of Florida · 1986

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