Legal Opinion

In Re Walsh

United States Bankruptcy Court, D. Massachusetts

Decided December 16, 2010No. 19-10874Published

1Opinion of the Court

MEMORANDUM OF DECISION ON MOTION FOR RELIEF FROM STAY

MELVIN S. HOFFMAN, Bankruptcy Judge.

The Bank of New York Mellon Trust Company seeks relief from the automatic stay provisions of the Bankruptcy Code, 11 U.S.C. § 362, to foreclose its first mortgage on the residence of Brian Walsh, the pro se debtor in this case. The debtor disputes the bank’s entitlement to relief claiming the bank has forgiven the debt- or’s outstanding payment arrearage of approximately $45,000 1 and has agreed not to proceed with foreclosure. The basis for the debtor’s rather startling position is that in August, 2010,…

2Cases cited3 opinions

  1. Potter v. Pacific Coast Lumber Co.California Supreme Court · 1951
  2. Wong v. PaisnerMassachusetts Appeals Court · 1982
  3. In Re Gcp Ct School Acquisition, LLCUnited States Bankruptcy Court, D. Massachusetts · 2010

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