08 B 28225,11 A 00646

Trustee Ronald L. Peterson filed a Motion seeking a Preliminary Injunction pursuant to 11 U.S.C. §§ 362 and 105 of the Bankruptcy Code. He asked the court to enjoin the Brightwater Club Property Owners Association from pursuing its foreclosure rights under Colorado law as to property owned by Clearwater Development, Inc. The court held that the Trustee failed to show by clear and convincing evidence that a preliminary injunction was warranted.