Legal Opinion

Pavetti & Freeman v. Autoworld Enterprises (In re Autoworld Enterprises)

United States Bankruptcy Court, D. Connecticut

Decided August 28, 1991No. Bankruptcy No. 2-90-00968; Motion No. 2-91-648MPublished

1Opinion of the Court

MEMORANDUM OF DECISION RE: MOTION FOR RELIEF FROM STAY TO FORECLOSE A MORTGAGE

ROBERT L. KRECHEVSKY, Chief Judge.

I

ISSUES

Pavetti and Freeman, a Connecticut general partnership and the debtor’s former law firm (P & F), requests relief from the automatic stay in order to foreclose a pre-petition mortgage which the debtor granted it on property of the estate. Martin W. Hoffman, trustee of the debtor’s chapter 7 estate, opposes P & F’s motion contending that (1) the mortgage lacks consideration, (2) its execution was unauthorized, and (3) that the mortgage is unenforceable as a prohibited business…

2Cases cited5 opinions

  1. Difrancesco v. GoldmanSupreme Court of Connecticut · 1940
  2. Elton v. JohnsonSupreme Court of Connecticut · 1844
  3. Twelve Oaks, Ltd. v. Florida National Bank (In Re Twelve Oaks, Ltd.)United States Bankruptcy Court, M.D. Florida · 1986
  4. In Re Monetary GroupUnited States Bankruptcy Court, M.D. Florida · 1989
  5. Matter of SlodovDistrict Court, N.D. Ohio · 1976

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