Legal Opinion
Natale v. French & Pickering Creeks Conservation Trust, Inc. (In Re Natale)
United States Bankruptcy Court, E.D. Pennsylvania
Decided August 26, 1999No. 15-15180PublishedCited by 1 opinion
1Opinion of the Court
OPINION
STEPHEN RASLAVICH, Bankruptcy Judge.
INTRODUCTION
This proceeding concerns the aftermath of a legal battle to enforce upon the debtors a restrictive covenant prohibiting construction of a house on their land. The pivotal issue is whether a judgment for costs and expenses incurred to enforce the covenant takes priority over mortgage liens recorded subsequent to the restrictive covenant but prior to entry of the judgment. For the reasons set forth below, the Court holds that the mortgages have priority.
BACKGROUND
The genesis of the present proceeding is a secured proof of claim for $100,000…
2Cases cited16 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- In Re Manville Forest Products Corporation, Debtor. Gulf States Exploration Co. v. Manville Forest Products CorporationCourt of Appeals for the Second Circuit · 1990
- In Re ARNOLD PRINT WORKS, INC., Debtor. ARNOLD PRINT WORKS, INC., Appellant, v. Joseph APKIN, Et Al., AppelleesCourt of Appeals for the First Circuit · 1987
- 17 Collier bankr.cas.2d 469, Bankr. L. Rep. P 71,918 in Re Roxanne Mankin, Fdba the Roxanne Mankin Co., Inc., Debtor. Charles Duck, Trustee v. G.B. Munn, AKA Bruce MunnCourt of Appeals for the Ninth Circuit · 1987
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3Cited by1 opinion
- Ridings at Brandywine Associates, L.P. v. Citizens Bank (In Re Bella Vista Associates, LLC)United States Bankruptcy Court, D. New Jersey · 2008