Legal Opinion

In Re Lemma

United States Bankruptcy Court, E.D. New York

Decided September 9, 2008No. 8-19-70831PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBERT E. GROSSMAN, Bankruptcy Judge.

Before the Court is a motion filed by Michael Lemma and Luba Lemma (“Debtors”) seeking a determination that the scheduling of the foreclosure sale of their residence located in Levittown, N.Y. (the “Property”) by Washington Mutual Bank, F.A. (the “Bank”) violates the co-debtor stay provision of section 1301(a) of the United States Bankruptcy Code because the Bank never moved to terminate the co-debtor stay as to Catherine Lemma (“Co-obligor”) (the “Motion”). The Bank, a secured creditor of Debtors, filed opposition to the motion.

After…

2Cases cited19 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. United Air Lines, Inc. v. McMannSupreme Court of the United States · 1977
  3. In Re Margaret J. Myers, Debtor. Margaret J. MyersCourt of Appeals for the Third Circuit · 2007
  4. In the Matter of Donald J. Booth and Carolyn B. Booth, Debtors. Donald J. Booth and Carolyn B. BoothCourt of Appeals for the Fifth Circuit · 1988
  5. David P. Valentine v. Mobil Oil Corp.Court of Appeals for the Ninth Circuit · 1986

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3Cited by6 opinions

  1. In re Whitlock-YoungUnited States Bankruptcy Court, N.D. Illinois · 2017
  2. In re DurantUnited States Bankruptcy Court, D. Maryland · 2018
  3. In re DevUnited States Bankruptcy Court, E.D. North Carolina · 2018
  4. Deirdre VenturaUnited States Bankruptcy Court, E.D. New York · 2020
  5. Kwadwo OppongUnited States Bankruptcy Court, D. New Jersey · 2023

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