Legal Opinion

In Re Johnston

United States Bankruptcy Court, D. Vermont

Decided January 18, 1984No. 15-10203PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

CHARLES J. MARRO, Bankruptcy Judge.

FACTS

On January 4,1983, the debtor (Johnston) filed for relief under chapter 13 of the Bankruptcy Code (Code). The petition was not filed in good faith but merely to avoid foreclosure proceedings.

On May 20,1983, Richard V. Perrott (Per-rott) obtained relief from the stay of Code section 362(a) in order, as mortgagee of Johnston as mortgagor, to foreclose on certain premises in Bennington, Vermont, 31 B.R. 202. On August 13, 1983, Perrott obtained a decree of foreclosure and on November 23, 1983, a writ of possession from the Bennington…

2Cases cited17 opinions

  1. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  2. Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1954
  3. Campbell v. American Foreign SS CorporationCourt of Appeals for the Second Circuit · 1941
  4. Davidson v. DixonDistrict Court, D. Delaware · 1974
  5. United States v. BransenCourt of Appeals for the Ninth Circuit · 1944

12 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In Re TothUnited States Bankruptcy Court, N.D. Illinois · 1986
  2. In Re GinsbergUnited States Bankruptcy Court, S.D. New York · 1994
  3. Lawler v. Lomas & Nettleton Financial Corp. (In Re Lawler)United States Bankruptcy Court, N.D. Texas · 1985
  4. In Re Air Vermont, Inc.United States Bankruptcy Court, D. Vermont · 1984

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