Legal Opinion
Federal National Mortgage Ass'n v. DiBona (In Re DiBona)
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 20, 1981No. 19-11476PublishedCited by 14 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue before us is whether we should modify the automatic stay imposed by § 362(a) of the Bankruptcy Code (“the Code”) to permit the mortgagee to foreclose on the debtors’ residence. We conclude that the mortgagee is not entitled to a modification of the stay because (1) it has failed to prove that the debtor lacks equity in the property and (2) its interest in that property is adequately protected by the mortgage guarantee given by the Veterans’ Administration.
The facts of the instant case are as follows: 1 On October 6, 1978, Charles and…
2Cases cited5 opinions
- Heritage Savings & Loan Ass'n v. Rogers Development Corp. (In Re Rogers Development Corp.)United States Bankruptcy Court, E.D. Virginia · 1980
- Vlahos v. Pitts (In Re Pitts)United States Bankruptcy Court, C.D. California · 1979
- Sanders v. Tucker (In Re Tucker)United States Bankruptcy Court, S.D. New York · 1980
- Imperial Bank v. El Patio, Ltd. (In Re El Patio, Ltd.)United States Bankruptcy Court, C.D. California · 1980
- West Virginia Tractor & Equipment Co. v. Orlando Coals, Inc. (In Re Orlando Coals, Inc.)United States Bankruptcy Court, S.D. West Virginia · 1980
3Cited by14 opinions
- Commonwealth State Employees' Retirement Fund v. RoaneDistrict Court, E.D. Pennsylvania · 1981
- Kessler v. Merrill Lynch Mortgage Corp. (In Re Kessler)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Lopez v. Beneficial Mutual Savings Bank (In Re Lopez)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- First Mortgage Co. of PA. v. McCall (In Re McCall)United States Bankruptcy Court, E.D. Pennsylvania · 1982
- Fairmont Foods Co. v. A. Z. J. Z., Inc. (In re A. Z. J. Z., Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1982
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