Legal Opinion
Commonwealth of Pennsylvania State Employes' Retirement Fund v. Roane (In Re Roane)
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 20, 1981No. 19-10592PublishedCited by 24 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue before us is whether we should grant relief from the automatic stay imposed by § 362(a) of the Bankruptcy Code (“the Code”) to permit the mortgagee to foreclose on the debtors’ residence. We conclude that the mortgagee is not entitled to such a modification of the stay because (1) it has failed to prove that the debtors lack equity in the property and (2) its interest in the property is adequately protected by the offer of the debtors to make periodic payments on the mortgage and by the FHA mortgage insurance which the mortgagee has on its…
2Cases cited5 opinions
- Heritage Savings & Loan Ass'n v. Rogers Development Corp. (In Re Rogers Development Corp.)United States Bankruptcy Court, E.D. Virginia · 1980
- Vlahos v. Pitts (In Re Pitts)United States Bankruptcy Court, C.D. California · 1979
- Sanders v. Tucker (In Re Tucker)United States Bankruptcy Court, S.D. New York · 1980
- Imperial Bank v. El Patio, Ltd. (In Re El Patio, Ltd.)United States Bankruptcy Court, C.D. California · 1980
- West Virginia Tractor & Equipment Co. v. Orlando Coals, Inc. (In Re Orlando Coals, Inc.)United States Bankruptcy Court, S.D. West Virginia · 1980
3Cited by24 opinions
- In Re Eli Kenneth Mellor and Lisa Mellor, Debtors. Raymond G. Pistole and Raymond R. Bragg v. Eli Kenneth Mellor and Lisa MellorCourt of Appeals for the Ninth Circuit · 1984
- La Jolla Mortgage Fund v. Rancho El Cajon AssociatesUnited States Bankruptcy Court, S.D. California · 1982
- Commonwealth State Employees' Retirement Fund v. RoaneDistrict Court, E.D. Pennsylvania · 1981
- First Agricultural Bank v. Jug End in Berkshires, Inc. (In Re Jug End in the Berkshires, Inc.)United States Bankruptcy Court, D. Massachusetts · 1985
- In Re Planned Systems, Inc.United States Bankruptcy Court, S.D. Ohio · 1987
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