In re Caves (03–41518)

Columbus Bank & Trust Co. ("Movant") filed a Motion for Relief from the Automatic Stay to pursue an action against Sammy A. Caves ("Respondent") in state court. Under the test articulated in In re South Oakes Furniture, Inc., 167 B.R. 307 (Bankr. M.D. Ga. 1994)(J. Walker), the Court found that Movant was not entitled to relief from the automatic stay because Respondent established that Movant did not have a probability of prevailing on the merits.

Thursday, April 22, 2004