Legal Opinion

United Enterprises, Ltd. v. ACI Sunbow, LLC (In Re ACI Sunbow, LLC)

United States Bankruptcy Court, S.D. California

Decided February 20, 1997No. 19-00491PublishedCited by 8 opinions

1Opinion of the Court

ORDER ON MOTION FOR RELIEF FROM STAY

PETER W. BOWIE, Bankruptcy Judge.

United Enterprises, Ltd. (United) seeks relief from the automatic stay to foreclose on its first position deed of trust on vacant land now owned by debtor, ACI Sunbow (Sun-bow). United asserts several grounds in support of its motion: 1) that the bankruptcy petition was filed in bad faith, therefore supporting relief under 11 U.S.C. § 362(d)(1), for cause; 2) that the property is overencumbered, leaving debtor with no equity interest; and 3) that the property is not necessary to a reorganization which is reasonable either in…

2Cases cited14 opinions

  1. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  2. Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
  3. In Re Carol Freeman Marsch, Debtor (Two Cases). John D. Marsch, Claimant-Appellant v. Carol F. Marsch, (Two Cases)Court of Appeals for the Ninth Circuit · 1994
  4. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
  5. Bankr. L. Rep. P 71,956 in Re Natural Land Corporation, Debtor. Natural Land Corporation v. Baker Farms, Inc.Court of Appeals for the Eleventh Circuit · 1987

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In Re Cedar Shore Resort, Inc., Debtor. Cedar Shore Resort, Inc. v. Paul Mueller and Mary Pat MuellerCourt of Appeals for the Eighth Circuit · 2000
  2. Grandstaff v. Casey (In Re Casey)United States Bankruptcy Court, S.D. California · 2010
  3. Chu v. Syntron Bioresearch, Inc. (In Re Chu)District Court, S.D. California · 2000
  4. In re SR Real Estate Holdings, LLCUnited States Bankruptcy Court, S.D. California · 2014
  5. Cedar Shore Resort v. Paul MuellerCourt of Appeals for the Eighth Circuit · 2000

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API