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IN RE ROBBINS

Bankruptcy No. 90-40181-JFQ.

119 B.R. 1 (1990)

In re Mitchell B. ROBBINS, Debtor.

United States Bankruptcy Court, D. Massachusetts.

September 11, 1990.

Attorney(s) appearing for the Case

William R. Moorman, Jr., Craig and Macauley, Boston, Mass., for debtor.

Jason Rosenberg, Rosenberg & Kitaeff, North Andover, Mass., for Kevin C. Sullivan.

Barbara Theberge, Bank of New England, Boston, Mass., for Bank of New England, N.A.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

Asserting that he lacks adequate protection of his second mortgage interest, Kevin C. Sullivan ("Sullivan") moves under 11 U.S.C. § 362(d)(1) for termination of the automatic stay in order to foreclose under the mortgage. Presented is the important question of which standard of valuation — fair market value or liquidation value — should be employed in this context, and whether costs of sale...

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