Legal Opinion
Roosevelt Savings Bank v. Branch (In Re Branch)
United States Bankruptcy Court, E.D. New York
Decided April 3, 1981No. 8-19-70971PublishedCited by 8 opinions
1Opinion of the Court
C. ALBERT PARENTE, Bankruptcy Judge.
This is an adversary proceeding to vacate the automatic stay imposed by Section 362, 11 U.S.C. Section 362 (Supp. III 1979). The existing stay prevents the plaintiff, Roosevelt Savings Bank (hereinafter “bank”), from enforcing a state court judgment of foreclosure and sale of the debtors’ residence.
The bank alleges that: (1) the debtors’ plan is statutorily defective under Section 1325(a)(5) of the Bankruptcy Code in that it fails to provide for the full satisfaction over the term of the plan of its claim pursuant to a state court foreclosure judgment; and…
2Cases cited5 opinions
- Di Pierro v. Cullen (In Re Taddeo)United States Bankruptcy Court, E.D. New York · 1981
- Citizens & Southern National Bank v. Feimster (In Re Feimster)United States Bankruptcy Court, N.D. Georgia · 1979
- Matter of SulzerUnited States Bankruptcy Court, S.D. New York · 1980
- Carpenter v. Youngs (In Re Youngs)United States Bankruptcy Court, D. Massachusetts · 1980
- Matter of ZellmerUnited States Bankruptcy Court, N.D. Illinois · 1980
3Cited by8 opinions
- In Re BumpassUnited States Bankruptcy Court, S.D. New York · 1983
- In Re SicilianoUnited States Bankruptcy Court, E.D. Pennsylvania · 1994
- Kehm v. Citicorp Homeowners Service, Inc. (In Re Kehm)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re RobinsonUnited States Bankruptcy Court, D. Connecticut · 1982
- Miners National Bank of Pottsville v. Schramm (In Re Schramm)United States Bankruptcy Court, E.D. Pennsylvania · 1981
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