Will Relief from Stay Be Granted Where Chapter 13 Debtor Did Not Establish The Ability to Cure the Default Arrearage?

As reported by Robin Miller of CBAR, in In re Moore, 2014 WL 4855011 (Bankr. W.D. Mich., Sept. 23, 2014), the Chapter 13 debtor’s balloon mortgage had matured prepetition, and the debtor did not show that she would be able to refinance the mortgage within a reasonable time, the court granted the mortgage creditor’s motion for relief from stay under Code § 362(d)(2), as the court found that the debtor had not met her burden of establishing that the property was necessary to an effective reorganization that was “in prospect.”

(case no. 1:14-bk-4745) (Chief Bankruptcy Judge Scott W. Dales)

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