Legal Opinion

Lomagno v. Salomon Bros. Realty Corp. (In Re Lomagno)

Court of Appeals for the First Circuit

Decided November 14, 2005No. 05-9003PublishedCited by 23 opinions

1Opinion of the Court

RESTANI, Judge.

Vito Lomagno and Marie Midolo (the “Debtors”) appeal from the bankruptcy court’s August 3, 2004 order denying their motion for judgment on the pleadings and granting the defendant’s cross-motion for judgment on the pleadings with respect to their adversary complaint seeking declaratory and injunctive relief. The bankruptcy court determined that Salomon Brothers Realty Corp. (“Salomon”) did not violate an automatic stay by foreclosing on the Debtors’ house while the Debtors’ Chapter 13 petition dismissal was on appeal. The bankruptcy court’s order was sustained by the Bankruptcy…

2Cases cited3 opinions

  1. Bankr. L. Rep. P 74,609 in Re Public Service Company of New Hampshire, Debtor. Martin Rochman v. Northeast Utilities Service GroupCourt of Appeals for the First Circuit · 1992
  2. In Re Ana J. De Jesus Saez, Debtor. Luis R. Martir Lugo v. Ana J. De Jesus Saez, George RieckehoffCourt of Appeals for the First Circuit · 1983
  3. Great Pacific Money Markets, Inc. v. Krueger (In Re Krueger)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988

3Cited by23 opinions

  1. Sewell v. MGF Funding, Inc. (In Re Sewell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  2. Singleton v. Countrywide Home Loans, Inc. (In Re Singleton)District Court, D. South Carolina · 2006
  3. In re MurphyUnited States Bankruptcy Court, D. Colorado · 2013
  4. DeSouzaBankruptcy Appellate Panel of the First Circuit · 2013
  5. Murray v. Revenue Management Corp. (In re Murray)United States Bankruptcy Court, D. Massachusetts · 2016

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