Legal Opinion

In Re Fazio

United States Bankruptcy Court, E.D. Pennsylvania

Decided April 21, 1986No. 18-18494PublishedCited by 4 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Chief Judge:

The primary point for consideration in this chapter 7 case is whether we should grant a mortgagee’s motion for relief from the automatic stay imposed by 11 U.S.C. § 362(a) of the Bankruptcy Code. Since we find that the indebtedness secured by the property exceeds the value of the property, we will grant relief from the automatic stay.

The facts of this case are as follows: 1 The debtor owns four parcels of realty which are encumbered by a first mortgage to the Federal Loan Bank of Baltimore (“Federal”) in the amount of $327,245.03, a second mortgage to the…

2Cases cited2 opinions

  1. Administrator of Veterans' Affairs v. Sparkman (In Re Sparkman)United States Bankruptcy Court, E.D. Pennsylvania · 1981
  2. Central Mortgage Co. v. Galbraith (In Re Galbraith)United States Bankruptcy Court, E.D. Pennsylvania · 1982

3Cited by4 opinions

  1. Mays v. United States, Department of Housing & Urban Development (In Re Mays)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. In Re CabrilloUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
  3. Powers v. American Honda Finance Corp.District Court, N.D. New York · 1997
  4. Dennen v. Dennen (In re Dennen)United States Bankruptcy Court, D. Colorado · 2015

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