Colonial Realty Co. v. River Bank America (In Re Colonial Realty Co.)

MEMORANDUM OF DECISION

ROBERT L. KRECHEVSKY, Chief Judge.

I

ISSUE

The questions presented here are (1) whether a property management agreement between a real property owner and the debtor is property of the estate and (2) whether postpetition acts taken by a mortgagee foreclosing on the real property in securing the appointment of a receiver and the receiver’s subsequent actions in replacing the debtor violate the automatic stay provisions of Bankruptcy Code § 362(a). The parties have presented the matter sole ly on briefs, and the following background is based upon the pleadings and apparently…