Behrens v. U.S. Bank N.A., No. 13-6032 (8th Cir. 2013)
Annotate this CaseDebtor appealed from the bankruptcy court's order granting creditor relief from the automatic stay to complete its foreclosure proceeding without a further hearing in debtor's case. The bankruptcy appellate panel concluded that the bankruptcy court correctly applied 11 U.S.C. 362(d)(4)(B) with respect to the property at issue to creditor as a creditor whose claim was secured by an interest in the real property. Likewise, the panel did not second guess the bankruptcy court's determination that debtor's bankruptcy filing was part of a scheme to hinder or delay creditors, and that such scheme was one involving multiple bankruptcy filings that affected the property. Accordingly, the panel held that the bankruptcy court's grant of relief from the automatic stay to creditor was proper.
Court Description: Bankruptcy Appellate Panel. The bankruptcy court did not err when it granted the creditor relief from the automatic stay to permit it to complete its foreclosure proceeding; the Panel would not second guess the bankruptcy court's determination that the debtor's bankruptcy filing was part of a scheme to hinder or delay creditors through multiple bankruptcy filings. [ November 25, 2013
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