Legal Opinion
Blue Ridge Bank v. Boswell (In Re Boswell)
United States Bankruptcy Court, W.D. Virginia
Decided February 27, 1997No. 19-70122PublishedCited by 4 opinions
1Opinion of the Court
DECISION AND ORDER
ROSS W. KRUMM, Chief Judge.
The matter before the Court is whether the automatic stay of 11 U.S.C. § 362(a) should be annulled, thus validating a foreclosure sale of the Debtor’s residence conducted by Blue Ridge Bank (the “Bank”) in violation of the stay. The Bank filed its motion to annul pursuant to § 362(d)(1), and evidentiary hearings were held on November 12,1996 and December 10, 1996. Both parties have supplied the Court with memoranda in support of their positions, and the matter is ripe for decision.
Facts
The dispute between the Bank and the Debtor revolves around two…
2Cases cited9 opinions
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- Easley v. Pettibone Michigan Corp.Court of Appeals for the Sixth Circuit · 1993
- In Re Eden AssociatesUnited States Bankruptcy Court, S.D. New York · 1981
- In the Matter of PINETREE, LTD., Debtor. the MUTUAL BENEFIT LIFE INSURANCE COMPANY, Appellant, v. PINETREE, LTD., Debtor, AppelleeCourt of Appeals for the Fifth Circuit · 1989
- In Re LipumaUnited States Bankruptcy Court, N.D. Illinois · 1994
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3Cited by4 opinions
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- Moore v. United States Department of Housing & Urban Development (In Re Moore)United States Bankruptcy Court, W.D. Virginia · 2006
- Ellison v. CommissionerDistrict Court, S.D. West Virginia · 2008