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Home / News Stories / Equity cushion doesn't prevent relief from stay (access required)

Equity cushion doesn't prevent relief from stay (access required)

Where a bank seeks relief from stay to foreclose because the debtor has no equity in the property, a bankruptcy judge cannot consider the bank's "equity cushion" in other secured property, a federal judge in Alexandria has ruled in an issue of first impression in the 4th Circuit. The Bankruptcy Code limits the inquiry to consideration ...