You are here

Opinion 136

Case Name: 

In re Snyderville Props., Inc.

Judge: 
Judge Mai (WY Bankr. Court, by designation)
Date: 
Aug-20-1984
Case Number(s): 
84C-0673
Status: 

UNPUBLISHED

Body: 

Bank, the first lienholder on property subject to chapter 11 debtor's second lien, began postpetition non-judicial foreclosure proceedings. Bank then filed a motion in the bankruptcy case seeking a determination of the automatic stay's applicability, stay relief, and other alternative relief. The court held that debtor's second trust deed on the property, which was its only asset, was property of the estate and subject to the automatic stay. The court found that debtor had a three-month right to cure under state law, which had been tolled by the stay, and that foreclosure would be injurious to that right. As bank's lien was oversecured by the property, the court denied stay relief, as well as bank's requests for conversion, dismissal, and the shortening of the chapter 11 time periods pursuant to 11 U.S.C. § 1121(d).

Internal Ref: 
Opinion 136
File: