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Home / Opinion Digests / Bankruptcy – Relief From Stay – No Equity Cushion – Guarantor's Collateral Not Considered (access required)

Bankruptcy – Relief From Stay – No Equity Cushion – Guarantor's Collateral Not Considered (access required)

Provided that debtor's property was not essential to debtor's reorganization, creditor was entitled to relief from the automatic stay under § 362(d)(2) because debtor had no equity in the collateral owned by him that secured the debt and creditor's equity cushion in collateral owned by the guarantors cannot be considered in determining whether relief ...