Case Summary:
Section 362(d)(1) of the Bankruptcy Code requires the court to grant a secured creditor’s request for relief from the automatic stay for cause, including the lack of adequate protection. In a Chapter 13 case, a secured creditor is entitled to relief from the automatic stay, even when its proofs of claim were filed untimely, when the debtors failed to file a proof of claim on the secured creditor’s behalf pursuant to Rule 3004 and then also failed to provide the secured creditor with adequate protection.
File:
Judge:
Date:
Friday, January 3, 2020