Burritt Interfinancial Bancorporation v. Wood

In this mortgage foreclosure action, the defendant Howard M. Wood III1 appeals from the trial court’s order opening the judgment of strict foreclosure. The appeal presents the following issues: (1) does the automatic stay of the federal bankruptcy statute apply to an action against a codebtor, and (2) does the automatic stay apply in a foreclosure action against a nondebtor cotenant? We answer both questions in the negative and reverse the trial court’s order.

On June 21,1988, the defendant and Peter J. Sklat, Jr., held title to real estate at 506 Garden Street in Manchester as tenants in…