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Koch's Lawn Service, Inc., Ch. 12, BK06-41264 (Dec. 8. 2006)

The court denied a secured creditor’s motion for relief from stay for cause, including lack of adequate protection. While the debtors may have used some post-petition proceeds of the sale of sod, they retained most of the proceeds, they would be filing a motion for use of cash collateral, and there was no evidence that the collateral value was declining, so the court found it difficult to determine how the creditor was being harmed by temporarily maintaining the status quo.

Date: 
Friday, December 8, 2006
Judge: 
Judge Thomas L. Saladino