In re Missouri Flats Associates

Good Law
1988 WL 49877·1988 Bankr. LEXIS 2708·86 B.R. 633
United States Bankruptcy Court, Eastern District of CaliforniaMay 11, 1988Bankruptcy No. 287-06868-A-11; Motion No. AMT-1California337 words

Opinion

Lead Opinion

Dahl, J.

ORDER

The motion by the Bank of Woodland for dismissal, or in the alternative, relief from the automatic stay having been submitted for decision on February 1, 1988 will be denied so long as the conditions set forth below have been satisfied. The debtor has demonstrated that the subject property is *634 necessary to an effective reorganization. The movants will be adequately protected pursuant to the following provisions.

The motion for dismissal and for sanctions will be denied. The motion for relief from automatic stay is denied provided that the debtor pay the movants all unpaid interest accruing on the February 5, 1986 and the April 29, 1986 real estate notes which were originally executed by Carl C. and Marie K. Markwood in favor of the Bank of Woodland. The accrued interest on the notes will be due and payable thirty (30) days from the date of this order and will be payable and kept current on a monthly basis thereafter until such time as the debtors plan is confirmed. The amount of the accrued interest will be calculated according to the terms of the above-mentioned notes.

In addition, the debtor shall file a disclosure statement and plan of reorganization within thirty…

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