Legal Opinion

In Re Moses STEIN, Plaintiff, Shmuel KLEIN, Plaintiff-Appellant, v. ULSTER SAVINGS BANK, Defendant-Appellee

Court of Appeals for the Second Circuit

Decided October 20, 1997No. 269, Docket 96-5133PublishedCited by 11 opinions

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…

2Cases cited7 opinions

  1. Herbert W. Rounseville and Robert Rounseville v. Samuel Zahl, Treva M. Way, and Geoffrey P. SerataCourt of Appeals for the Second Circuit · 1994
  2. Martin v. BrownCourt of Appeals for the Third Circuit · 1995
  3. Boyce W. Childs v. State Farm Mutual Automobile Insurance Company v. Bruce C. Waltzer, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1994
  4. Harris O. Schoenberg v. Shapolsky Publishers, Incorporated, Ian Shapolsky and Steimatzky Publishing of North America, Inc., Samuel A. Abady, Esq.Court of Appeals for the Second Circuit · 1992
  5. In Re Big Rapids Mall Associates, Debtor. Geoffrey L. Silverman and John D. Hertzberg v. Mutual Trust Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1996

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3Cited by11 opinions

  1. In Re: Jerasimos Papapanayotou, Esq., Jerasimos Papapanayotou, Esq. v. Jeffrey Sapir, Esq., as Chapter 7 TrusteeCourt of Appeals for the Second Circuit · 2000
  2. Gordon v. Tese-Milner (In re Gordon)District Court, S.D. New York · 2017
  3. In Re Kliegl Bros. Universal Elec. Stage LightingUnited States Bankruptcy Court, E.D. New York · 1999
  4. 680 Fifth Avenue Associates v. EGI Co. Services (In Re 680 Fifth Avenue Associates)United States Bankruptcy Court, S.D. New York · 1998
  5. In Re EmanuelUnited States Bankruptcy Court, S.D. New York · 2010

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