Automatic Stay Properly Lifted for Foreclosure

According to the U.S. District Court for the District of New Jersey in an opinion not for publication, the bankruptcy court did not err by providing relief as to the automatic stay on the Chapter 11 consumer debtor’s real property, as the debtor failed to show that she had equity in the property and that it was necessary for an effective reorganization (Baratt v. Hudson City Savings Bank (In re Baratt), 2014 BL 221723, D.N.J., 2:14-cv-02933-FSH, 8/11/14).

The debtor filed for Chapter 7 protection, and the creditor brought a motion seeking relief from the automatic stay so ...