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UNITED STATES BANKRUPTCY COURT <br /> FOR THE DISTRICT OF COLORADO <br /> In re: ) <br /> Mid-Continent Resources, Inc. ) <br /> T.I.N. 36-1475193, ) <br /> Debtor, ) <br /> Timothy M. Nieslanik, ) <br /> Movant, ) <br /> Mid-Continent Resources, Inc. ) <br /> f/k/a Mid-Continent Coal & Coke ) <br /> Company, a corporation ) <br /> Respondent. ) <br /> MOTION FOR RELIEF FROM AUTOMATIC STAY <br /> COMES NOW, TIMOTHY M. NIESLANIK (Movant) by his attorneys, SCHENK, <br /> KERST & deWINTER, P.C., and moves this Court, pursuant to 11 U.S.C. Section 362(d), to <br /> enter its Order granting to Movant relief from the Automatic Stay of 11 U.S.C. Section 362. <br /> As grounds for this Motion, Movant states as follows: <br /> 1. This is a Motion for Relief from Automatic Stay of 11 U.S.C. Section 362 <br /> brought pursuant to Rule 9014 of the Bankruptcy Rules in the above-captioned action. Movant <br /> claims a valid property interest in a certain parcel of real property and an access easement (the <br /> subject property) more particularly described in Exhibits "A" and "B" of the Complain Under <br /> Rule 105 attached hereto as an Exhibit. Debtor claims some right, title or interest in and to the <br /> subject property adverse to Movant; the claims of Debtor are without foundation or right. <br /> 2. Movant requests that the Automatic Stay be terminated with respect to the subject <br /> property pursuant to 11 U.S.C. Section 362(d)(1) and/or (2). Movant is advised and believes <br /> that cause exists to support its Motion and that the Debtor lacks equity in the subject property. <br /> Movant's interest in the subject property is not being adequately protected. In addition, the <br /> subject property is not necessary to an effective reorganization. <br /> WHEREFORE, Movant prays that the Automatic Stay of 11 U.S.C. Section 362 be <br /> terminated as to Movant, so that Movant may continue to quiet its interest in title in and to the <br /> subject property. <br />