Legal Opinion

Central Penn National Bank v. Zimmerman (In Re Ludwig Honold Manufacturing Co.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided October 13, 1983No. 19-10731PublishedCited by 7 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The only issue in the action at bar is whether we should deny a secured creditor’s request for relief from the automatic stay under 11 U.S.C. § 362(d) based upon pend ing adversary action against the creditor. For the reasons stated herein we find that the pendency of these actions will not prevent the secured creditor from prevailing.

The facts of the case are as follows: 1 The plaintiff, Central Penn National Bank (“Central Penn”), held a perfected security interest in certain collateral of the debtor, Ludwig Honold Manufacturing Co. (“Ho-nold”).…

2Cases cited5 opinions

  1. Matter of Essex Properties, Ltd.District Court, N.D. California · 1977
  2. Clark Equipment Credit Corp. v. Kane (In Re Kane)United States Bankruptcy Court, M.D. Pennsylvania · 1983
  3. Delaware Valley Savings & Loan Ass'n v. Curtis (In Re Curtis)United States Bankruptcy Court, E.D. Pennsylvania · 1981
  4. Lincoln Bank v. High Sky, Inc. (In Re High Sky, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 1981
  5. Citibank, N.A. v. Executive Leasing Corp. (In Re Executive Leasing Corp.)United States Bankruptcy Court, D. Puerto Rico · 1980

3Cited by7 opinions

  1. In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
  2. Philadelphia Consumer Discount Co. v. Commercial Credit Business Loans, Inc. (In Re Philadelphia Consumer Discount Co.)District Court, E.D. Pennsylvania · 1984
  3. In Re Morysville Body Works, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
  4. In Re PaolinoUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. Martin v. Martin (In Re Krank)United States Bankruptcy Court, E.D. Pennsylvania · 1988

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