22 B 12839
Shortly after Debtor filed his third chapter 13 case within a year, American Credit Acceptance (“ACA”) sought relief from the stay.  It argued that cause existed to modify the stay because its secured interest in Debtor’s car was not adequately protected.  HELD: Cause, which includes a lack of adequate protection, existed to grant relief from the stay.  Although Debtor obtained full coverage insurance after ACA filed its motion, and he proposed preconfirmation payments in an amount sufficient to satisfy either of two commonly used tests, the court must balance all relevant factors to determine whether a creditor is adequately protected.  Although Debtor proposed payments to ACA in his plan, these payments were not feasible.  The income available on Schedule J did not match the amount of his plan payments, even without taking into account a new obligation to pay rent.  Moreover, Debtor’s prepetition conduct – his two previous cases were dismissed prior to confirmation, his prepetition default equaled approximately 16 months of payments, and ACA had already repossessed the car twice – further supported a finding that ACA was not adequately protected.  Therefore, the court granted the motion for relief from the automatic stay.