IN RE KERNS

No. TH 89-85-C, Bankruptcy No. TH 89-16.

111 B.R. 777 (1990)

In re James C. KERNS, Debtor-in-possession.

United States District Court, S.D. Indiana, Terre Haute Division.

March 8, 1990.


Attorney(s) appearing for the Case

Wilmer E. Goering, II, Eckert Alcorn Goering & Colussi, Madison, Ind., for appellant.

Bruce A. Smith, Sturm Smith & Webster, Vincennes, Ind., for appellee.


ORDER ON APPEAL FROM DECISION OF BANKRUPTCY COURT

McKINNEY, District Judge.

This cause comes before the District Court on the appeal of the Chapter 12 debtor. The central question presented is whether the Bankruptcy Court erred in lifting the automatic stay early in the bankruptcy to allow the debtor's farm land to be sold, notwithstanding the fact that the secured creditor had an equity cushion and adequate protection in the land. For the reasons set forth...

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