Legal Opinion
Shamah v. Cedar Bayou, Ltd.
District Court, W.D. Pennsylvania
Decided August 8, 1978No. Civ. A. 78-204PublishedCited by 8 opinions
1Opinion of the Court
OPINION
SNYDER, District Judge.
This appeal is taken from a bankruptcy judge’s decision that a bankruptcy court lacks jurisdiction to determine the validity of the creditor’s lien in a Chapter XII real property arrangement when a creditor seeks to annul the automatic stay of his lien enforcement proceedings. The bankruptcy judge struck the debtor’s answer containing defenses that disputed the lien as obtained through a course of fraud and disputed the irreparable harm alleged by the creditor, and then annulled the stay without hearing. We remand for hearing on relief from the automatic stay…
2Cases cited4 opinions
- Colonial Realty Investment Co. v. MartinCourt of Appeals for the First Circuit · 1975
- Matter of Essex Properties, Ltd.District Court, N.D. California · 1977
- In the Matter of Martin M. Decker and Kathleen H. Decker, Individually and Jointly, Debtors. Appeal of Leumi Financial CorporationCourt of Appeals for the Third Circuit · 1972
- White v. Associated Midwest, Inc.District Court, E.D. Michigan · 1978
3Cited by8 opinions
- In Re JohnsonCourt of Appeals for the Ninth Circuit · 1985
- In the Matter of John C. Roloff, Sr., Debtor in No. 78-2394. In the Matter of Patricia Roloff, Debtor in No. 78-2395. Appeal of John C. Roloff, Sr., and Patricia Roloff, His WifeCourt of Appeals for the Third Circuit · 1979
- In re RoloffCourt of Appeals for the Third Circuit · 1979
- Johnson v. RighettiCourt of Appeals for the Ninth Circuit · 1985
- Bargas v. Rice (In Re Rice)United States Bankruptcy Court, S.D. Georgia · 1987
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