What is the burden of proving cause exists for relief under Section 362(d)(1) of the Bankruptcy and Insolvency Act?
federal, United States of America
The following excerpt is from Rozier v. U.S. Bank N.A. (In re Rozier), BAP No. CC-12-1359-KiPaD, Bk. No. 8:11-21727 (B.A.P. 9th Cir. 2013):
that cause exists for relief under 362(d)(1), the burden shifts to the debtor to show that relief from the stay is not warranted. USA v. Gould (In re Gould), 401 B.R. 415, 426 (9th Cir. BAP 2009).
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