§ 9.7.3 Termination or Modification. Generally, the stay can be terminated, annulled, modified, or conditioned: (1) for cause, including lack of adequate protection of an interest in the protected property; or (2) if the debtor does not have equity in the property, and it is not necessary to an effective reorganization. 11 U.S.C. § 362(d). Under the 1994 Reform Act, the automatic stay must be lifted in a “single asset real estate” case unless, within 90 days of the petition date, the debtor files a plan of reorganization “that has a reasonable possibility of being confirmed within a reasonable time” or has commenced monthly payments “in an amount equal to interest at the then applicable nondefault contract rate of interest on the value of the creditor’s interest in the real estate.” 11 U.S.C. § 362(d)(3) . “Single asset real estate” is defined by 11 U.S.C. §101(51B) , as discussed below in § 9.9.1 .
The stay is terminated on court order as to property upon proof “that the filing of the petition was part of a scheme to delay, hinder, and defraud creditors that involved either? (A) transfer of all or part...
