Court Order for Abandonment of Collateral and Relief from Stay in Kaja Holdings LLC Bankruptcy Cases

Administrative Information and Legal Jurisdictions

The United States Bankruptcy Court for the Southern District of New York maintains jurisdiction over the Chapter 77 bankruptcy proceedings involving Kaja Holdings LLC, Kaja Holdings 2 LLC, and Alan Investments III, LLC, collectively referred to as the Debtors. These cases, along with MO Seven LLC under Case No. 2511534DSJ25-11534-DSJ, are jointly administered under Lead Case No. 2511551DSJ25-11551-DSJ. Jurisdictional authority is derived from 28U.S.C. §§ 15728\,\text{U.S.C. §§ 157} and 13341334, as well as the Amended Standing Order of Reference dated January 3131, 20122012. Proper venue in this district is established pursuant to 28U.S.C. §§ 140828\,\text{U.S.C. §§ 1408} and 14091409. The court evaluated the motion filed by DLP Lending Fund, LLC, hereafter referred to as "DLP," which sought the abandonment of real estate collateral and relief from the automatic stay. The presiding judge, Hon. David S. Jones, U.S.B.J., granted the requested relief after determining that the legal and factual bases established just cause.

Motions and Relief Granted for Secured Creditor DLP Lending Fund, LLC

The court issued an order granting DLP's motion to compel the abandonment of real estate collateral and related property pursuant to 11U.S.C. § 554(b)11\,\text{U.S.C. § 554(b)}. Based on a preponderance of evidence, the court found that the real estate properties identified as "Collateral" are burdensome and of inconsequential value to the Debtors' estates. The Trustee was directed to abandon this collateral immediately, with the effectiveness of such abandonment being immediate under Bankruptcy Rule 6007(b)(3)6007(b)(3). Additionally, the court found "cause" for stay relief under 11U.S.C. § 362(d)(1)11\,\text{U.S.C. § 362(d)(1)}, noting that the Debtors possess no equity in the collateral and have no intent to reorganize under 11U.S.C. § 362(d)(2)11\,\text{U.S.C. § 362(d)(2)}. The automatic stay under 11U.S.C. § 362(a)11\,\text{U.S.C. § 362(a)} is vacated regarding DLP's interests and the Receiver's right to administer the properties.

Revesting of Collateral and Role of the Receiver

The collateral is deemed immediately abandoned to and revested with Trigild IVL, LLC, identified as the Receiver. The court recognizes the Receiver as the entity with a prepetition possessory interest in the collateral, as established by the Order of the Common Pleas Court of Northampton County, Pennsylvania, dated December 1212, 20222022. The scope of property abandoned and revested includes not only physical real estate but also associated consumer lease options, agreements for deed, installment land contracts, and similar consumer contracts, regardless of whether they were explicitly listed on the Debtors' original schedules. These contracts were also determined to be burdensome and of inconsequential value to the bankruptcy estates. The Receiver is excused from compliance with the requirements of 11U.S.C. § 54311\,\text{U.S.C. § 543} nunc pro tunc to the dates the Debtors filed their petitions.

Procedural Requirements and Notice Provisions

The court waived any stay of enforcement under Rule 6004(h)6004(h), giving stay relief immediate effect. The Debtors are mandated to amend their schedules within 2121 days of the order's entry to remove improperly scheduled properties or take other measures to correct the record on their respective dockets. Legal notices regarding the motion were issued on October 1010, 20252025, by Joao F. Magalhaes of Eckert Seamans Cherin & Mellott, LLC. A hearing was scheduled for November 66, 20252025, at 10:0010:00 a.m. Eastern Time via Zoom for Government. Any objections to the motion were required to be filed by October 3030, 20252025, in accordance with Local Rule 6.1(b)6.1(b), which specifies that opposing affidavits must be served within 1414 days of the moving papers and replies within 77 days of responsive papers.

Comprehensive Schedule of Collateral Properties

Schedule 11 lists relevant properties for Kaja Holdings, including 515515 Euclid Avenue, Beloit, WI 5351153511; 632632 Spring Ave, Florence, WI 5412154121; 206206 East Park Street, Sylacauga, AL 3515035150; 23222322 Willowrow Avenue, Canton, OH 4470544705; 613613 East Cross Street, Summerfield, OH 4378843788; and 315315 North Cherokee, Taylorville, IL 6256862568. Unscheduled properties for Kaja Holdings include 430430 Chatham Street, Union City, IN 4739047390 and 203203 North Oak Street, Herscher, IL 6094160941. Schedule 22 for Kaja Holdings 22 includes 1537015370 Morgan Lane, Wilmer, AL 3658736587; 321321 Wheeler Street, Sylacauga, AL 3515035150; 15151515 South Westmoreland Drive, Orlando, FL 3280532805; 2020 East Winthrop Street, Avon Park, FL 3382533825; 15881588 Edna Place, Macon, GA 3120431204; 427427 Carolina Avenue, Warner Robins, GA 3109331093; 41024102 Fernway Drive, Anderson, IN 4601346013; 301301 Jenkins Street, Fairmont, NC 2834028340; 366366 Ann Spaulding Road, Clarkton, NC 2843328433; 26782678 Community Road, Bennettsville, SC 2951229512; 28162816 Truman Street, Columbia, SC 2920429204; 8383 East 77th Street, Greenville, SC 2961129611; 5959 Lone Oak Road, Palmyra, VA 2296322963; 11111111 Parkview Drive, Griffin, GA 3022430224; W837837 State Road 2121, Berlin, WI 5492354923; 501501 Mansion Street, Hamlin, WV 2552325523; 3434 Grove Street, Palmer, MA 0106901069; 16521652 Appleton Street, Baltimore, MD 2121721217; 212212 66th Avenue, Decatur, AL 3560135601; Northwest 314314 Oglethorpe Street, Dothan, AL 3630136301; 93319331 South Honeysuckle Farm Trail, Tucson, AZ 8573585735; 10501050 North Lovekin Boulevard 1313, Blythe, CA 9222592225; 63296329 Gresham Street, Union City, GA 3029130291; 96159615 Cedar Grove Road, Fairburn, GA 3021330213; 723723 East Victoria Street, Hartford City, IN 4734847348; 818818 North Wabash Avenue, South Bend, IN 4661446614; 199199 Wilkerson Road, Clarksville, VA 2392723927; 101101 Tappel Drive, Daleville, AL 3632236322; 185185 Houston Street, Frisco City, AL 3644536445; 306306 Bula Road, Troy, AL 3608136081; 705705 Padenreich Avenue, Gadsden, AL 3590335903; 542542 Roseland, West Helena, AR 7239072390; 1312113121 Parkwood Street, Hudson, FL 3466934669; and 10801080 Highway 341341 South, Barnesville, GA 3020430204.