In Re Powers
United States Bankruptcy Court, D. Massachusetts
1Opinion of the Court
PRELIMINARY DECISION ON MOTION FOR RELIEF FROM STAY
WILLIAM C. HILLMAN, Bankruptcy Judge.
Haymarket Cooperative Bank (“Haymark-et”) seeks relief from the automatic stay so that it may foreclose on property mortgaged to it by Debtor. At the preliminary hearing it was agreed that I would first determine the efficacy of the waiver granted by Debtor to Haymarket pre-petition, as that issue may be determinative. If it should prove to be otherwise, a further hearing will be held. Haymarket has waived the 30-day deadline of 11 U.S.C. § 362(e).
Findings of Fact
Debtor granted Haymarket a mortgage on…
2Cases cited12 opinions
- Bankr. L. Rep. P 71,103 Ostano Commerzanstalt and Dr. Herbert Jovy v. Telewide Systems, Inc., and Bernard L. SchubertCourt of Appeals for the Second Circuit · 1986
- In Re Sky Group International, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1989
- In Re CheeksUnited States Bankruptcy Court, D. South Carolina · 1994
- In Re Club Tower L.P.United States Bankruptcy Court, N.D. Georgia · 1991
- In Re Citadel Properties, Inc.United States Bankruptcy Court, M.D. Florida · 1988
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- In Re Atrium High Point Ltd. PartnershipUnited States Bankruptcy Court, M.D. North Carolina · 1995
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