In re Desai (02-10238)
The court denied the motion of Southwest Georgia Bank ("SWGA") for relief from the automatic stay and SWGA’s motion to dismiss the case. In a prior Chapter 11 case, Debtor consented to a plan provision whereby he would not oppose relief from stay in any subsequent case that he might file within five years. The court held that such waivers of the automatic stay are enforceable, however, they not per se enforceable and must be evaluated on a case-by-case basis. In this case, the court found that others factors outweighed Debtor’s waiver. Therefore, the court denied SWGA’s motion for relief conditioned on Debtor’s strict compliance to payments to SWGA. As to SWGA’s motion to dismiss the case, the court found no evidence of bad faith and therefore, denied that motion.
