Legal Opinion
Vale Mills Co. v. Gellert (In Re Gellert)
United States Bankruptcy Court, D. New Hampshire
Decided December 30, 1985No. 16-10813PublishedCited by 27 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES E. YACOS, Bankruptcy Judge.
This case was heard before the court on the motion by Vale Mills Corporation for an order lifting the automatic stay provided by § 362 of the Bankruptcy Code, to permit the movant to proceed with a pending foreclosure action in the state court of its second and third mortgages on this Chapter 13 debtor’s residential property. The case presents a recurrent pattern of misunderstanding of the scope of a § 362 stay relief hearing. It also demonstrates a common misapprehension as to the scope of relief available to a Chapter 13 debtor, in terms of…
2Cases cited18 opinions
- Planned Parenthood League of Massachusetts v. Francis X. BellottiCourt of Appeals for the First Circuit · 1981
- United Companies Financial Corp. v. BrantleyUnited States Bankruptcy Court, N.D. Florida · 1980
- Auburn News Company, Inc. v. Providence Journal CompanyCourt of Appeals for the First Circuit · 1981
- In Re Samuel G. Bialac, Debtor. Samuel G. Bialac v. Harsh Investment Corporation and Harsh Building Co.Court of Appeals for the Ninth Circuit · 1982
- Judy Lancor v. Lebanon Housing AuthorityCourt of Appeals for the First Circuit · 1985
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
- In the Matter of Transamerican Natural Gas Corp., Debtor. Toma Steel Supply, Inc. v. Transamerican Natural Gas Corporation, in the Matter of Transamerican Natural Gas Corp., Debtor. Toma Steel Supply, Inc. v. Ghr Energy Corp., in the Matter of Transamerican Natural Gas Corporation, Debtor. Toma Steel Supply, Inc. v. Transamerican Natural Gas Corporation, F/k/a Ghr Energy CorporationCourt of Appeals for the Fifth Circuit · 1993
- In Re SoudersUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Toma Steel Supply, Inc. v. Transamerican Natural Gas Corp.Court of Appeals for the Fifth Circuit · 1992
- Grossman v. MurraySupreme Court of New Hampshire · 1996
22 more not listed; retrieve them via the Exa API.