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In re CCD Management, Ltd. (Case No. 11-71128) 07/28/2011

            Bank of Botetourt filed a motion for relief from stay under 11 U.S.C. § 362(d)(2) as to four commercial properties owned by the debtor.  The debtor agreed to relief as to one property but opposed it as to the other three.  The parties stipulated that the properties in question were worth less than the debt owing to the bank.  Accordingly, the burden shifted to the debtor to show that the property was necessary for effective reorganization.  The Court concluded that the equities at that early point in the case fell on the side of allowing the debtor an opportunity to pursue confirmation of a plan.

Date: 
Thursday, July 28, 2011
Category: 
Chapter 11 Issues
Relief from Stay
Chapter: 
11