In re Shree Meldikrupa Inc.

547 B.R. 862, 2016 Bankr. LEXIS 921, 62 Bankr. Ct. Dec. (CRR) 115, 2016 WL 1169123
CourtUnited States Bankruptcy Court, S.D. Georgia
DecidedMarch 22, 2016
DocketNumber 15-41411-EJC
StatusPublished
Cited by2 cases

This text of 547 B.R. 862 (In re Shree Meldikrupa Inc.) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Shree Meldikrupa Inc., 547 B.R. 862, 2016 Bankr. LEXIS 921, 62 Bankr. Ct. Dec. (CRR) 115, 2016 WL 1169123 (Ga. 2016).

Opinion

OPINION ON CORNERSTONE BANK’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY

Edward J. Coleman, III, Judge,

United States Bankruptcy Court, Southern District of Georgia

Before the Court is creditor Cornerstone Bank’s (“Cornerstone”) Motion for Relief from the Automatic Stay (“Relief Motion”) (dckt. 42). Cornerstone seeks relief pursuant to 11 U.S.C. § 362(d)(1), alleging that its collateral, namely certain property located at 251 W. General Screven Way, Hinesville, Liberty County, Georgia 31313 (“Property”), is not being adequately protected and that the Debtor filed its bankruptcy petition in bad faith. (Dckt. 42). Cornerstone also seeks relief pursuant to § 362(d)(2), alleging that the Debtor does not have any equity in the Property and the Property is not necessary for an effective reorganization. Id. Cornerstone requests the Court to terminate the automatic stay so that it may proceed with a foreclosure of the Property. Id. For the reasons set forth below, Cornerstone’s Relief Motion is DENIED.

I. JURISDICTION

This Court has subject-matter jurisdiction pursuant to 28 U.S.C. § 1334(a), 28 U.S.C. § 157(a), and the Standing Order of Reference signed by then Chief Judge Anthony A. Alaimo on July 13, 1984. This is a “core proceeding” within the meaning of 28 U.S.C. § 157(b)(2)(G). In accordance with Bankruptcy Rule 7052, the Court makes the following findings of fact and conclusions of law.

II. FINDINGS OF FACT

On August 31, 2015, the Debtor filed a chapter 11 petition for bankruptcy relief. (Dckt. 1). The Debtor is a Georgia corporation which operates a CITGO gas station and convenience store located at the Property. The Debtor valued the real property at $485,605.00 in its Schedule A. Id. The Debtor has two principal creditors, Hines-ville Loan Pool, LLC (“Hinesville”) and Cornerstone. Hinesville holds a first priority lien in the Property and has filed a proof of claim in the amount of $340,669.81. (Claims Register 2-1). Cornerstone holds a second priority lien in the Property and has filed a proof of claim in the amount of $220,116.80. (Claims Register 4-2). The only other creditors in the Debtor’s schedules are the Liberty County Tax Commissioner, listed as holding two unsecured priority claims totaling approximately $9,500.00, and Sarojben Patel, listed as holding a general unsecured claim of $25,000.00. In addition, the Internal Revenue Service has filed a proof of claim for [865]*865an unsecured priority claim of $1,371.02 and a general unsecured claim of $110.58.

A. Hinesville’s Lien History

On July 28, 2006, the Debtor executed a note in favor of The Coastal Bank in the amount of $450,000.00 (“HLP Note”) in order to purchase the Property. (Claims Register 2-1, p. 8). To secure the loan, the Debtor executed a Real Estate Deed to Secure Debt (“HLP Security Deed”) which gave The Coastal Bank a valid first lien on the Property. Id. at p. 10. The HLP Security Deed was recorded in the real property records of Liberty County, Georgia. On November 22, 2013, The Coastal Bank assigned its interest in the HLP Security Deed and the HLP Note to Hinesville. Id. at p. 33.

B. Cornerstone’s Lien History

On September 5, 2013, Shree Meldishak-ti, Inc., a company affiliated with the Debt- or, executed a promissory note in favor of Cornerstone in the principal amount of $207,000.00 (“Cornerstone Note”). (Dckt. 17). This debt was incurred in connection with a Golden Corral restaurant in Hines-ville that was owned by the affiliate company. In order to secure payment of the Cornerstone Note, the Debtor executed a Deed to Secure Debt and Security Agreement (“Cornerstone Security Deed”) and an Assignment of Leases and Rents (“Assignment of Rents”). (Claims Register 4-2, Exhibits 4 and 5). The Cornerstone Security Deed evidences a second in prior-' ity security interest in the Property. Id. Cornerstone recorded the Cornerstone Security Deed and Assignment of Rents in the real property records of Liberty County, Georgia.

C. The Cash Collateral Issue

After filing its bankruptcy petition, the Debtor continued to operate its business and use cash collateral without authorization under 11 U.S.C. § 363. On September 17, 2015, Cornerstone filed a motion to prohibit the Debtor’s use of cash collateral or to condition such use on the Debt- or providing adequate protection to Cornerstone (“Motion to Prohibit”) (Dckt. 17). On October 15, 2015, six wbeks after this case was filed, the Debtor filed its Motion for Order to Use Cash Collateral Pursuant to 11 U.S.C. § 363 and Providing Adequate Protection (“Original Cash Collateral Motion”) (Dckt. 27). On October 27, 2015, this Court held a hearing on Cornerstone’s Motion to Prohibit and the Debtor’s Original Cash Collateral Motion. At the hearing, the Debtor, through its agent Rajankumar Patel, presented testimony regarding the Debtor’s financial situation and its need to use cash collateral to purchase inventory and stay in business. Because the Court found the financial information presented by Mr. Patel to be confusing, conflicting and unreliable, the Court denied the Original Cash Collateral Motion and granted Cornerstone’s Motion to Prohibit.

On December 4, 2015, the Debtor filed its Amended Cash Collateral Motion and provided additional financial information, namely in the form of a proposed budget detailing the Debtor’s average monthly income, costs of goods sold, and expenses. (Dckt. 64). On December 18, 2015, the Court held a hearing on the Debtor’s Amended Cash Collateral Motion. At this hearing, the Debtor presented evidence of its current financial situation and its need to use cash collateral. On January 15, 2016, this Court entered an order granting the Debtor’s Amended Cash Collateral Motion because the Court found that Cornerstone did not have an interest in the Debtor’s cash collateral, and thus could not object to its use. (Dckt. 78, 79).

[866]*866D. Cornerstone’s Relief Motion

On October 23, 2015, Cornerstone filed the instant Relief Motion seeking relief from the stay so that it may proceed with foreclosure of the Property. (Dckt. 42). In its motion, Cornerstone alleges that it is entitled to relief under 11 U.S.C. § 362(d)(2) because the Debtor does not have any equity in the Property and that the Property is not necessary for an effective reorganization. Id. Cornerstone further contends that “cause” for relief under § 362(d)(1) is present in this case because the Debtor filed for bankruptcy for the sole purpose of stopping Cornerstone’s previously scheduled foreclosure of the Property. (Id. at 29).

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547 B.R. 862, 2016 Bankr. LEXIS 921, 62 Bankr. Ct. Dec. (CRR) 115, 2016 WL 1169123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shree-meldikrupa-inc-gasb-2016.