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Legal Opinion

Brasby v. Joseph C. Perry, Inc. (In Re Brasby)

United States Bankruptcy Court, E.D. Pennsylvania

Decided January 2, 1990No. 19-10288PublishedCited by 13 opinions

1Opinion of the Court

OPINION

BRUCE I. FOX, Bankruptcy Judge:

In an ardent attempt to avoid the loss of their home, the debtors have brought a number of matters to this bankruptcy court for resolution. Prior to their filing a voluntary petition in bankruptcy on June 9, 1989, the debtors’ home had been sold at a foreclosure sale by the second mortgagee, Joseph C. Perry, Inc. In this circuit, such a prebankruptcy sale would terminate a chapter 13 debtor’s ability to cure any mortgage default. Matter of Roach, 824 F.2d 1370 (3d Cir.1987). Accord In re Brown, 75 B.R. 1009 (Bankr.E. D.Pa.1987); In re Rouse, 48 B.R. 236…

2Cases cited51 opinions

  1. Lefteri Poulis and Athena Poulis, His Wife v. State Farm Fire and Casualty CompanyCourt of Appeals for the Third Circuit · 1984
  2. Hagner v. United StatesSupreme Court of the United States · 1932
  3. Aida Feliciano v. Reliant Tooling Company, Ltd. And Union Special Corporation, Sun Alliance and London Insurance, LimitedCourt of Appeals for the Third Circuit · 1982
  4. Louis H. GROSS, Lillian C. Gross and Marvin Kowit, Co-Partners, Trading as Gross & Kowit v. STEREO COMPONENT SYSTEMS, INC., AppellantCourt of Appeals for the Third Circuit · 1983
  5. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980

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3Cited by13 opinions

  1. 718 Arch Street Associates, Ltd. v. Blatstein (In Re Main, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1997
  2. Fricker v. First Pennsylvania Bank, N.A. (In Re Fricker)United States Bankruptcy Court, E.D. Pennsylvania · 1990
  3. Lomas & Nettleton Co. v. Warren (In Re Warren)District Court, E.D. Pennsylvania · 1991
  4. Case v. TBAC-Prince Gardner, Inc. (In Re Prince Gardner, Inc.)United States Bankruptcy Court, E.D. Missouri · 1998
  5. Kapila v. Espirito Santo Bank (In Re Bankest Capital Corp.)United States Bankruptcy Court, S.D. Florida. · 2007

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