Legal Opinion
Beneficial Mutual Savings Bank v. Roselli (In Re Roselli)
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 15, 1981No. 14-18426PublishedCited by 6 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The problem confronting us in this case is whether the automatic stay provisions of § 362(a) of the Bankruptcy Code (“the Code”) should be modified to permit the first mortgagee to proceed with foreclosure proceedings against the residence owned by the debtor in which he and his wife reside. We conclude that the stay should be modified both because the first mortgagee has established that the debtor has no equity in the property and because the debtor has failed to prove that the debtor’s residence is necessary for the success of his chapter 13 plan.
T…
2Cases cited8 opinions
- City National Bank v. San Clemente Estates (In Re San Clemente Estates)United States Bankruptcy Court, S.D. California · 1980
- Citizens & Southern National Bank v. Feimster (In Re Feimster)United States Bankruptcy Court, N.D. Georgia · 1979
- Matter of SulzerUnited States Bankruptcy Court, S.D. New York · 1980
- Commonwealth of Pennsylvania State Employes' Retirement Fund v. Roane (In Re Roane)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Federal National Mortgage Ass'n v. DiBona (In Re DiBona)United States Bankruptcy Court, E.D. Pennsylvania · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re GregoryUnited States Bankruptcy Court, M.D. Tennessee · 1984
- In Re SicilianoUnited States Bankruptcy Court, E.D. Pennsylvania · 1994
- Kehm v. Citicorp Homeowners Service, Inc. (In Re Kehm)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Lopez v. Beneficial Mutual Savings Bank (In Re Lopez)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Miners National Bank of Pottsville v. Schramm (In Re Schramm)United States Bankruptcy Court, E.D. Pennsylvania · 1981
1 more not listed; retrieve them via the Exa API.