Legal Opinion

In Re Levenstein

United States Bankruptcy Court, S.D. New York

Decided June 4, 2007No. 18-23464PublishedCited by 13 opinions

1Opinion of the Court

OPINION AND ORDER

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

The issue in this contested matter is whether the automatic stay, 11 U.S.C. § 362(a), applies to a state court foreclosure action where the property in question is titled solely in the name of the non-debtor spouse. On the facts presented here, I conclude that the automatic stay does apply.

This opinion is published because there does not appear to be a published decision on point in this Circuit.

The debtor filed his voluntary petition for relief under Chapter 13 of the Bankruptcy Code on February 16, 2007.

The chapter 13 trustee filed a…

2Cases cited3 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In the Matter of Vance Cole Chesnut, Debtor. Mark T. Brown, Templeton Mortgage Corp. v. Vance Cole ChesnutCourt of Appeals for the Fifth Circuit · 2005
  3. Robert J. Musso v. Tanya OstashkoCourt of Appeals for the Second Circuit · 2006

3Cited by13 opinions

  1. Sanchez v. Ameriquest Mortgage Co. (In Re Sanchez)United States Bankruptcy Court, S.D. Texas · 2007
  2. Taub v. Taub (In Re Taub)United States Bankruptcy Court, E.D. New York · 2010
  3. In Re MarcianoUnited States Bankruptcy Court, S.D. New York · 2007
  4. William M. Condrey, P.C. v. Endeavour Highrise, L.P. (In Re Endeavour Highrise, L.P.)United States Bankruptcy Court, S.D. Texas · 2010
  5. Endeavour GP, LLC v. Endeavour Highrise, L.P. (In Re Endeavour Highrise, L.P.)United States Bankruptcy Court, S.D. Texas · 2010

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