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Opinion 130

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.

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Opinion 130
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