Legal Opinion
First National Bank of Louisville v. Fidelity American Mortgage Co. (In Re Fidelity American Mortgage Co.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 23, 1982No. 19-10040PublishedCited by 17 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue presented herein is whether the automatic stay provisions of § 362(a) of the Bankruptcy Code (“the Code”) are applicable to prevent a mortgagee from foreclosing on its mortgage on an apartment complex. We conclude that the automatic stay provisions are inapplicable in this case because the debtors lost all interest in the subject property prior to the time they filed their petitions under chapter 11 of the Code.
The facts of the instant case are as follows: 1 On February 4,1981, Fidelity America Mortgage Company, a Pennsylvania corporation…
2Cases cited21 opinions
- Matter of GSVC Restaurant Corp.United States Bankruptcy Court, S.D. New York · 1980
- Grand Hudson Corp. v. GSVC Restaurant Corp. (In Re GSVC Restaurant Corp.)District Court, S.D. New York · 1980
- Omni International, Ltd. v. Mimi's of Atlanta, Inc. (In Re Mimi's of Atlanta, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
- Kearny Mesa Crossroads v. Acorn Investments (In Re Acorn Investments)United States Bankruptcy Court, S.D. California · 1981
- Larry K. Howard v. Federal Crop Insurance CorporationCourt of Appeals for the Fourth Circuit · 1976
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re Neshaminy Office Building AssociatesDistrict Court, E.D. Pennsylvania · 1986
- Boone Coal and Timber Company v. William J.M. Polan (85-5400), the Bank of New York (85-5408)Court of Appeals for the Sixth Circuit · 1986
- Chart House, Inc. v. Maxwell (In Re Maxwell)District Court, N.D. Illinois · 1984
- Bucknell Leasing Corp. v. Darwin (In Re Darwin)United States Bankruptcy Court, E.D. New York · 1982
- In Re Grubbs Construction Co.United States Bankruptcy Court, M.D. Florida · 2005
12 more not listed; retrieve them via the Exa API.