Case Name:
In re Curtis, 40 B.R. 795 (Bankr.D.Utah)
Judge:
Judge Allen
Date:
Jun-11-1984
Case Number(s):
83A-2417
Status:
PUBLISHED
Body:
Creditors moved for relief from stay "for cause," under 11 U.S.C. § 362(d)(1), in order to join debtors as defendants in a pending state court lawsuit. Noting that the "for cause" provision was intended to be narrowly construed, the court held that the movant has the burden to establish a legally sufficient "cause," which then shifts the burden to debtor to demonstrate entitlement to the stay. The court then found that creditors had failed to make a prima facie case of "cause" and that, even if they had, the relevant factors weighed in favor of not vacating the stay. Creditors' motion for relief was denied.
Internal Ref:
Opinion 130
File: