Legal Opinion

In Re Novak

United States Bankruptcy Court, E.D. New York

Decided August 3, 1989No. 1-19-40706PublishedCited by 12 opinions

1Opinion of the Court

OPINION

CECELIA H. GOETZ, Bankruptcy Judge:

Before this Court is a motion pursuant to 11 U.S.C. § 362(d) by John and Barbara Klein for relief from the automatic stay imposed by 11 U.S.C. § 362(a) when the debtors filed for relief under Chapter 12 on November 17, 1988. The movants seek leave to foreclose on a mortgage they hold on a valuable piece of real property owned by the debtors. No mortgage payments have been made for over a year, since March 1988.

The debtors, Robert and Cathleen Novak, have moved to dismiss the Kleins’ motion and this motion is likewise now before the Court.

When the…

2Cases cited22 opinions

  1. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  2. Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
  3. In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
  4. In Re Sambo's Restaurants, Inc., a California Corporation, Debtor. Sambo's Restaurants, Inc., a California Corporation v. Peggy WheelerCourt of Appeals for the Ninth Circuit · 1985
  5. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981

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

3Cited by12 opinions

  1. In Re AldermanUnited States Bankruptcy Court, D. Montana · 1993
  2. Ames v. Sundance State Bank (In re Ames)Court of Appeals for the Tenth Circuit · 1992
  3. In Re AmesCourt of Appeals for the Tenth Circuit · 1992
  4. Novak v. DeRosaCourt of Appeals for the Second Circuit · 1991
  5. United States v. Suthers (In Re Suthers)District Court, W.D. Virginia · 1994

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

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