Legal Opinion

Miners National Bank of Pottsville v. Schramm (In Re Schramm)

United States Bankruptcy Court, E.D. Pennsylvania

Decided July 24, 1981No. 19-11193PublishedCited by 16 opinions

1Opinion of the Court

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

The present proceedings concern the complaint of Miners National Bank of Pottsville [hereinafter, the Bank], which seeks relief from the automatic stay imposed by 11 U.S.C. § 362(a) (1979). 1 For reasons hereinafter given, we conclude that the stay should not be modified.

In June of 1978, the debtors (along with other individuals not parties to this proceeding) executed a promissory note containing a confession of judgment clause, payable to the Bank in the face amount of $45,000. The note was to secure repayment of a loan given by the Bank to…

2Cases cited3 opinions

  1. In Re AughenbaughCourt of Appeals for the Third Circuit · 1942
  2. Roosevelt Savings Bank v. Branch (In Re Branch)United States Bankruptcy Court, E.D. New York · 1981
  3. Beneficial Mutual Savings Bank v. Roselli (In Re Roselli)United States Bankruptcy Court, E.D. Pennsylvania · 1981

3Cited by16 opinions

  1. First Federal Savings & Loan Ass'n of Lima v. Shriver (In Re Shriver)United States Bankruptcy Court, N.D. Ohio · 1983
  2. Kehm v. Citicorp Homeowners Service, Inc. (In Re Kehm)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  3. Matter of CardellUnited States Bankruptcy Court, D. New Jersey · 1988
  4. Lomas & Nettleton Co. v. Frascatore (In Re Frascatore)United States Bankruptcy Court, E.D. Pennsylvania · 1983
  5. First Mortgage Co. of PA. v. McCall (In Re McCall)United States Bankruptcy Court, E.D. Pennsylvania · 1982

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