New Bankruptcy Opinion: IN RE BRITESOL, LLC – Bankr. Court, ND California, 2016

In re Britesol, LLC, Chapter 7, Debtor.

Case No. 16-41583.

United States Bankruptcy Court, N.D. California, Oakland Division.

July 29, 2016.

Britesol, LLC, Debtor, represented by Stephen D. Finestone, Law Offices of Stephen D. Finestone.


WILLIAM J. LAFFERTY, III, Bankruptcy Judge.

On July 27, 2016, the Court held a hearing on Creditor Riverside Interests, Inc.’s (the “Movant”) Motion for Relief From Automatic Stay or in the Alternative for Adequate Protection (doc. 6) (the “Motion”). At the conclusion of the hearing, the Court granted the Motion, but only as to Movant’s request that they be allowed to re-enter the subject property. Having expressed concern regarding the fact that the Chapter 7 Trustee, Ms. Lois Brady, did not appear or otherwise oppose Movant’s request to setoff any post-petition damages against the $44,000 security deposit being held by Movant, the Court continued the matter for seven days until August 3, 2016. Unless the Chapter 7 Trustee files an opposition to Movant’s setoff request, the Court is inclined to grant this portion of the Motion as well.

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