Legal Opinion

In re Bunke

United States Bankruptcy Court, D. South Dakota

Decided September 1, 1994No. Bankruptcy No. 93-10166Published

1Opinion of the Court

MEMORANDUM OF DECISION RE: FCBO’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY

IRVIN N. HOYT, Chief Judge.

The matter before the Court is the Motion for Relief From Automatic Stay filed by Farm Credit Bank of Omaha and Debtor’s response thereto. This is a core proceeding under 28 U.S.C. § 157(b)(2). This Memorandum and accompanying Order shall constitute findings and conclusions as required by F.R.Bankr.P. 7052. As discussed more fully below, the Court concludes that since a foreclosure sale has not taken place, the mortgage relationship between Debtor and FCBO still exists and may be modified…

2Cases cited6 opinions

Richard Justice v. Valley National BankCourt of Appeals for the Eighth Circuit · 1988
Universal Life Church, Inc. v. United States Internal Revenue Service (In Re Universal Life Church, Inc.)District Court, E.D. California · 1991
Murphy v. ConnollySouth Dakota Supreme Court · 1966
In Re Food Barn Stores, Inc.United States Bankruptcy Court, W.D. Missouri · 1993
Rhomberg v. BenderSouth Dakota Supreme Court · 1912

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