IN RE McCOLLUM

KENT LINDQUIST, Chief Judge

A Final hearing was scheduled on September 6, 2006 in this Chapter 13 case on a Motion for Stay Relief filed by GMAC ("Movant") on July 11, 2006.

Trustee appears.

Movant appears by counsel.

Movant's counsel reports it has no evidence to submit.

The Court takes judicial notice of the record on this case and finds that the plan of the Debtor has been confirmed. Accordingly, stay relief pursuant to § 362(d)(1) for "cause" based upon lack of adequate protection, or pursuant to § 362(d)(2) based upon lack of equity in the subject property and that the subject property is not necessary for reorganization is not relevant. The only issue before the Court is whether the Court should enter an Order Vacating the Stay for "cause" pursuant to § 362(d)(1) based upon a material default in plan payments by the Debtor to the Movant pursuant to the terms and conditions of the confirmed plan.

The Movant has the initial burden of producing evidence sufficient to establish a prima facie case of "cause" and entitlement to stay relief. See, In re Bogdanovich, 292 F.3d 104, 110 (2^nd Cir. 2002); In re Nuclear Imaging Systems, Inc., 260 B.R. 724, 730 (Bankr. E.D. PA 2000); In re McGuiness, 139 B.R. 3,4 (Bankr. D.N.J. 1992);In re Texaco, Inc., 81 B.R. 820, 829 (Bankr. S.D.N.Y. 1988);In re Setzer, 47 B.R. 340, 345 (Bankr. E.D. NY 1985).

Because the Movant has failed to present any evidence in support of its Motion, it has not met its initial burden of coming forward with the evidence. Accordingly, said Motion shall be denied for failure to submit a prima facie case. It is therefore,

ORDERED, ADJUDGED, AND DECREED, that the Motion for Relief from Stay by GMAC is hereby DENIED.

The Clerk shall enter this Order on a separate document pursuant to Fed R. Bk. P. 9021.

This proceeding having come on for trial or hearing before the court, the Honorable Kent Lindquist, United States Bankruptcy Judge, presiding, and the issues having been duly tried or heard and a decision having been rendered, it is therefore,

ORDERED, ADJUDGED, AND DECREED, that the Motion for Relief from Stay by GMAC is hereby DENIED.