Bankers Life Insurance Company of Nebraska v. Alyucan Interstate Corp. (In re Alyucan Interstate Corp.)

12 B.R. 803 (1981)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
B
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

Bankers Life Insurance Company of Nebraska v. Alyucan Interstate Corp. (In re Alyucan Interstate Corp.)

United States Bankruptcy Court for the District of Utah
12 B.R. 803 (1981)

Facts

Alyucan Interstate Corporation (Alyucan) (debtor) filed for Chapter 11 bankruptcy. Bankers Life Insurance Company of Nebraska (Bankers Life) (creditor) held a lien on Alyucan’s real property that secured a debt with a principal amount of $1,220,000. Bankers Life sought relief under 11 U.S.C. § 362(d) from the Bankruptcy Code’s automatic stay of certain collection activities, alleging that the stay should be lifted because Bankers Life’s property interest was not adequately protected. The bankruptcy court determined that the value of the real property was $1,425,000 and the amount of the debt, including interest, was $1,330,761. The court thus found that there was a $127,774 equity cushion (i.e., the amount by which the value of the collateral exceeds the amount of the claim). The evidence before the court indicated that the equity cushion was decreasing and would likely dissipate within a year while the debt went unpaid and interest accrued.

Rule of Law

Issue

Holding and Reasoning (Mabey, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 779,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 779,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 779,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Bankruptcy

Key Terms