Bankr. No.:
86-40428
Chapter:
12
Date of Decision:
June 6, 1991
Issue:
Whether creditor is entitled to relief from stay where the debtor did not fully comply with orders of the Court and where cattle secured to creditor were not maintained in good condition and were dying at an excessive rate?
Ruling:
The creditor is entitled to relief from the automatic stay under ยง 362(d)(1) for cause. Cause is found due to the excessive death loss in the debtors' cattle herd, the poor to very poor condition of over one-half of the cattle in debtors' herd, and the debtors' continued inability to adequately care for their cattle, and because debtors failed to fully comply with the terms of prior orders of the Court.
Full Bankruptcy Court Decision:
