Legal Opinion

Northern National Bank v. Goodwin (In re McBreairty)

United States Bankruptcy Court, D. Maine

Decided March 24, 1981No. Bankruptcy No. 180-00150; Adv. No. 180-0068Published

1Opinion of the Court

MEMORANDUM OPINION

CONRAD K. CYR, Bankruptcy Judge.

Requesting relief from the automatic stay in force from the filing of the debtors’ voluntary chapter 7 petition, plaintiff seeks to foreclose valid mortgages on real property of the debtors and to reclaim personal property subject to a valid security interest.1 At issue is the extent to which future advances are protected by a second real estate mortgage.

On the strength of their promissory note and a first real estate mortgage the debtors borrowed $35,000 from the plaintiff with which to construct a dwelling house. Later, Orin McBreairty…

2Cases cited6 opinions

  1. Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
  2. Smith v. KerrSupreme Judicial Court of Maine · 1931
  3. Googins v. GilmoreSupreme Judicial Court of Maine · 1859
  4. Bunker v. BarronSupreme Judicial Court of Maine · 1899
  5. Lausier v. GoodwinUnited States Bankruptcy Court, D. Maine · 1980

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