Legal Opinion

Montgomery v. Dennis Joslin Co. II Ex Rel. Seasons Mortgage Group Inc. (In Re Montgomery)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided June 15, 2001No. 01-6007WMPublishedCited by 17 opinions

1Opinion of the Court

KISHEL, Bankruptcy Judge.

The Debtor, Myrtle M. Montgomery, appeals from the order of the bankruptcy court 2 under which Dennis Joslin Co. II, LLC (“Joslin”) received relief from the automatic stay in bankruptcy to pursue its remedies in the Missouri state courts to recover possession of certain real estate. For the reasons set forth below, we affirm the order.

I. FACTS

Joslin held an interest in the Debtor’s Kansas City, Missouri homestead under a deed of trust executed in 1985, to secure the payment of a debt. The Debtor defaulted in payment in mid-2000. Joslin then commenced foreclosure…

2Cases cited21 opinions

  1. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  2. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
  3. In the Matter of Leslie BOOMGARDEN, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1985
  4. Small Business Administration v. Harold Rinehart Marilyn RinehartCourt of Appeals for the Eighth Circuit · 1989
  5. In Re Reuben F. Leimer, D/B/A Leimer Farms and Company, A/d/b/a R.F. Leimer Company, Debtor. Aetna Life Insurance Company v. Reuben F. LeimerCourt of Appeals for the Eighth Circuit · 1984

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3Cited by17 opinions

  1. In Re Kaplan Breslaw Ash, LLCUnited States Bankruptcy Court, S.D. New York · 2001
  2. Mission Product Holdings, Inc. v. Schleicher & Stebbins Hotels, L. L.C.Bankruptcy Appellate Panel of the First Circuit · 2019
  3. Simon v. JP Morgan Chase Bank, National Association (In Re Lebbos)United States Bankruptcy Court, E.D. Michigan · 2011
  4. Crossroads Ford, Inc. v. Dealer Computer Services, Inc. (In Re Crossroads Ford, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
  5. Wile v. Household Bank (In Re Wile)United States Bankruptcy Court, E.D. Pennsylvania · 2004

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