Babco, Inc. v. Markusic (In Re Babco, Inc.)

MEMORANDUM OPINION

BLOCH, District Judge.

This action seeks a stay of a sale of real estate, pending the outcome of an appeal from the Bankruptcy Court, pursuant to Bankruptcy Rule 805. A hearing was held on the stay issue on November 23, 1982, at which the parties stipulated to the facts below, submitted briefs, and presented oral arguments. On September 3, 1982, Babeo, Inc. (hereinafter referred to as “Babeo”), plaintiff in this action and the bankrupt in the bankruptcy proceeding, commenced a Chapter XI bankruptcy proceeding in the Bankruptcy Court for the Western District of Pennsylvania.…