Legal Opinion

Levin v. Kelton Realty, Inc. (In Re Oxford Royal Mushroom Products, Inc.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided June 14, 1984No. 19-11647PublishedCited by 6 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

Two issues are presented in the controversy at hand, the first of which is whether the postpetition recordation of a covenant that runs with a parcel of realty owned by the debtor is a violation of the automatic stay imposed by 11 U.S.C. § 362(a) of the Bankruptcy Code (“the Code”). The second issue is whether such a covenant must be recorded under Pennsylvania law in order to bind the estate or an entity who is deemed to have no knowledge of that covenant, which entity in this case is the trustee. For the reasons stated herein we find that the…

2Cases cited2 opinions

  1. Kalb v. FeuersteinSupreme Court of the United States · 1940
  2. Finley v. Glenn Et Ux.Supreme Court of Pennsylvania · 1931

3Cited by6 opinions

  1. Exchange National Bank of Chicago v. Gotta (In Re Gotta)United States Bankruptcy Court, W.D. Wisconsin · 1985
  2. In Re Oxford Royal Mushroom Products, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1985
  3. Bohm v. Howard (In Re Howard)United States Bankruptcy Court, W.D. Pennsylvania · 2009
  4. HAGUE v. FIRST AMERICAN TITLE INSURANCE COMPANYDistrict Court, W.D. Pennsylvania · 2023
  5. HAGUE v. FIRST AMERICAN TITLE INSURANCE COMPANYDistrict Court, W.D. Pennsylvania · 2023

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