Judge Timothy A. Barnes - Opinions

Judge Timothy A. Barnes

In re LaVergne Briggs
August 30, 2012

12 B 14853
Upon the Mortgagee’s motion for relief from stay and, in the alternative, to dismiss, held: (i) the standards have been met to grant relief from stay pursuant to 11 U.S.C. § 362(d)(1) since the Debtor has not provided any evidence as to adequate protection other than the Debtor’s plan payments to the Chapter 13 Trustee, including a series of late payments made on the date of the evidentiary hearing; (ii) the Debtor had filed a total of ten individual bankruptcy cases during a period of seven years, generally timed to precede a state court foreclosure action or the appointment of a receiver; and (iii) grounds exists for the court to enter an in rem relief order pursuant to 11 U.S.C. § 362(d)(4), as the Debtor’s petition for bankruptcy was found to be part of a scheme to delay or hinder the mortgagee’s collection efforts.  Motion for relief from stay with in rem relief granted.