Introducing ATLASLearn more
Legal Opinion

First Mortgage Co. of PA. v. McCall (In Re McCall)

United States Bankruptcy Court, E.D. Pennsylvania

Decided December 3, 1982No. 19-11175PublishedCited by 9 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether we should grant relief from the automatic stay imposed by section 362(a) of the Bankruptcy Code (“the Code”) to permit the mortgagee to foreclose on the debtor’s property. We conclude that the mortgagee is not entitled to such relief because we find that the debtor has equity in the property in question and because the mortgagee’s interest in the subject property is adequately protected by the existing equity cushion therein.

The facts of the instant case are as follows: 1 On February 25, 1980, the First Mortgage Company…

2Cases cited8 opinions

  1. Vlahos v. Pitts (In Re Pitts)United States Bankruptcy Court, C.D. California · 1979
  2. North East Federal Savings & Loan Ass'n v. Mikole Developers, Inc. (In Re Mikole Developers, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1981
  3. Lincoln Bank v. High Sky, Inc. (In Re High Sky, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 1981
  4. Commonwealth School Employees' Retirement Fund v. Heath (Heath)United States Bankruptcy Court, E.D. Pennsylvania · 1981
  5. Miners National Bank of Pottsville v. Schramm (In Re Schramm)United States Bankruptcy Court, E.D. Pennsylvania · 1981

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

3Cited by9 opinions

  1. Associates Commercial Corp. v. Attinello (In Re Attinello)United States Bankruptcy Court, E.D. Pennsylvania · 1984
  2. In Re Harrington & Richardson, Inc.United States Bankruptcy Court, D. Massachusetts · 1985
  3. Twelve Percent Secured Note-Holders v. Amarex, Inc. (In Re Amarex, Inc.)United States Bankruptcy Court, W.D. Oklahoma · 1983
  4. Walker v. Johnston (In Re Johnston)United States Bankruptcy Court, D. Vermont · 1983
  5. Federal Land Bank of Baltimore v. Toto (In Re Toto)United States Bankruptcy Court, E.D. Pennsylvania · 1983

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API