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978 F2d 1264 Minn-Kota Ranch Company Inc v. House Government Offers and you will Mortgage Connection

NOTICE: Eighth Circuit Code 28A(k) controls violation away from unpublished feedback and offers that they are perhaps not precedent and generally should not be quoted until strongly related creating the doctrines away from res judicata, security estoppel, regulations of your circumstances, or if perhaps the new viewpoint features persuasive really worth to your a material procedure with no published advice perform act as better.

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Minn-Kota Farm Agencies, Inc. (Minn-Kota), a part 11 borrower, appeals the new area court’s1 affirmance of one’s case of bankruptcy court’s2 buy giving rest from the brand new automatic sit below 11 You.S.C. 362(d)(1) so you can Household Federal Coupons and you will Financing Organization (House Federal), a collector shielded by an email and you can mortgage with the Minn-Kota’s sole house, a condo strengthening. We affirm.

Adopting the a listening and several even offers out-of adequate safeguards by Minn-Kota, the newest personal bankruptcy court summarily supplied Household Federal’s activity having respite from brand new automatic stand. Into focus, the area judge remanded the condition, finishing that bankruptcy proceeding judge got don’t make sufficient findings.