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Opinion 289

Case Name: 

In re Coll. Terrace, Ltd.

Judge: 
Judge Boulden
Date: 
Aug-4-1989
Case Number(s): 
88PB-4591
Status: 

UNPUBLISHED

Body: 

Oversecured creditor moved for relief from stay under 11 U.S.C. § 362(d) to foreclose on real property that was the sole asset of chapter 11 debtor, the owner/operator of an apartment complex. After considering numerous factors related to plan prospects, the court found that a reasonable likelihood existed that debtor would be able to make the payments set forth in its plan, and that debtor had evinced an attitude and willingness to make the plan work. Additionally, creditor failed to establish "cause" for relief from stay under § 362(d)(1), despite what the court considered to be debtor's "serious breaches" of a court order and of its obligations as a debtor-in-possession. Particularly, the court found that debtor had changed management, had shown recent improvement in compliance, and that less drastic measures could be used to ensure further compliance. The court concluded that debtor had established both that the property was necessary for its effective reorganization and that reorganization was "in prospect," and denied creditor's motion.

Internal Ref: 
Opinion 289
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