Question

James F. Kost filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. First Interstate Bank of Greybull (First Interstate) held a first mortgage on the debtor’s residence near Basin, Wyoming. Appraisals and other evidence showed that the house was worth $ 116,000. The debt owed to First Interstate was almost $ 103,000 and was increasing at a rate of $ 32.46 per day. The debtor had only an 11.5 percent equity cushion in the property. Further evidence showed that (1) the Greybull/ Basin area was suffering from tough economic times, (2) there were more than 90 homes available for sale in the area, (3) the real estate market in the area was declining, (4) the condition of the house was seriously deteriorating and the debtor was not financially able to make the necessary improvements, and (5) the insurance on the property had lapsed. First Interstate moved for a relief from stay so that it could foreclose on the property and sell it. Should the motion be granted? In re Kost, 102 B. R. 829, 1989 U. S. Dist. Lexis 8316 (United States District Court for the District of Wyoming)


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  • CreatedAugust 12, 2015
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