In re Mense

MEMORANDUM DECISION

Before the court are two motions filed by creditor, Fred Kayne (“Kayne”): (1) Motion by Judgment Creditor Fred Kayne for Relief from the Automatic Stay under 11 U.S.C. § 362 (Action in Non-Bankruptcy Forum) (“Kayne’s Stay Relief Motion”); and (2) Motion by Judgment Creditor Fred Kayne for Entry of Order Dismissing Debtors’ Chapter 11 Cases (“Kayne’s Dismissal Motion”). Debtors, Raphael Mense (“Mense”) and Cottonsmith, LLC (“Cot-tonsmith”) oppose the motions. Having considered the motions and oppositions thereto, the replies, the evidentiary rec *273 ord, 1 and arguments of counsel, the court will grant the relief requested by Kayne based upon the following findings of fact and conclusions of law made pursuant to F.R.Civ.P. 52(a), 2 as incorporated into FRBP 7052 and applied to contested matters by FRBP 9014(c).

I. STATEMENT OF FACTS

Cottonsmith is a limited liability company. Mense is the managing member of Cottonsmith, and owns 90% of the outstanding shares of the corporation. The remaining 10% of Cottonsmith is owned by the Fred and Lenore Kayne Family Trust (the “Trust”). Prior to July 2011, “Cotton-smith was in the business of manufacturing and importing…