Issue link: https://mbozikis.ufcontent.com/i/1422521
65 provide "adequate protection" (11 U.S.C. § 361, detailed below at Chapter V.E.1.) of a party's interest in property for the duration of the stay. The Bankruptcy Code also provides for relief from the stay with respect to property of the estate when the court finds that the debtor has no equity in the property and the property is unnecessary for an effective reorganization. 11 U.S.C. § 362(d)(2). Furthermore, where the debtor is a single asset real estate holding company, 33 the stay may be lifted after the later of ninety days from the date of entry of the order for relief, or thirty days after the court determines that this Section applies, unless, prior thereto, the debtor files a plan of reorganization with a "reasonable possibility of being confirmed within a reasonable time" or is making monthly payments to its consensual mortgagees equal to the applicable nondefault contract rate of interest on the value of the mortgagee's interest in the property. 11 U.S.C. § 362(d)(3). Finally, a court can lift the automatic stay for creditors whose claims are secured by an interest in real property where the court finds that the bankruptcy filing was part of a scheme to delay, hinder, and defraud creditors. 11 U.S.C. § 362(d)(4). Such a scheme must involve either (i) the transfer of all or part ownership of or interest in the property without the consent of the secured creditor or the approval of the court or (ii) multiple bankruptcy filings affecting the property. 11 U.S.C. § 362(d)(4)(A)–(B). Moreover, as an additional protection, the Bankruptcy Code provides that if an order entered under Section 362(d)(4) of the Bankruptcy Code is properly recorded within two years of the entry of the order in compliance with State laws, such order shall be binding in any other bankruptcy case purporting to affect the real property. A debtor in a subsequent case may move for relief 33 "The term 'single asset real estate' means real property constituting a single property or project, other than residential real property with fewer than 4 residential units, which generates substantially all of the gross income of a debtor who is not a family farmer and on which no substantial business is being conducted by a debtor other than the business of operating the real property and activities incidental." 11 U.S.C. § 101(51B).