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MATTER OF BOUQUET INVESTMENTS

No. M3-78-JA, Bankruptcy No. 83-11953-JA.

32 B.R. 988 (1983)

In the Matter of BOUQUET INVESTMENTS, A California Limited Partnership, Debtors. Ray MARGELL and Mabel Margell, Plaintiffs, v. BOUQUET INVESTMENTS, A California Limited Partnership, Defendants.

United States Bankruptcy Court, C.D. California.

September 21, 1983.

Attorney(s) appearing for the Case

Leon D. Bayer, Slate & Leoni, Los Angeles, Cal., for plaintiffs.

Robert D. Bass, Angel & Neistat, Los Angeles, Cal., for defendants.

MEMORANDUM OF DECISION

JOHN D. AYER, Bankruptcy Judge.

This case has the virtue of presenting an important issue, clearly defined. It has the additional merit, distinctive in these extraordinary times, of presenting an issue that I almost certainly have the power to decide. The question is whether an equity cushion alone, without more, is sufficient to support the automatic stay, or whether, by contrast, the creditor may have relief to liquidate his collateral...

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