In Re Moses STEIN, Plaintiff, Shmuel KLEIN, Plaintiff-Appellant, v. ULSTER SAVINGS BANK, Defendant-Appellee
Court of Appeals for the Second Circuit
1Per curiam
I. BACKGROUND
Schmuel Klein is an attorney who was representing debtor Moses Stein. On November 15, 1993, Klein filed a Chapter 13 bankruptcy petition on Stein’s behalf to stop the imminent foreclosure sale of Stein’s residence by Ulster Savings Bank (“Ulster”). The foreclosure was automatically stayed pursuant to 11 U.S.C. § 362.
On March 10, 1994, Ulster moved to have the automatic stay lifted on the grounds that Stein had not made any post-petition payments on his mortgage. In response to this motion, Klein produced copies of three uncancelled cheeks as proof that Stein had made the…
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