Legal Opinion
In Re Black
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 13, 1986No. 19-11619PublishedCited by 6 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
The matter for decision, arising under a bank’s motion for relief from the automatic stay of 11 U.S.C. § 362(a) of the Bankruptcy Code (“the Code”), is whether the automatic stay bars the bank’s foreclosure of a mortgage on a parcel of realty on which a debtor resides, although legal title to the property is held by the debtor’s spouse. On the basis of the reasoning set forth below, we conclude that the automatic stay bars foreclosure, but we will modify the stay “for cause” under § 362(d)(1).
The facts of this case are as follows: 1 In 1979 the debtor’s…
2Cases cited5 opinions
- Nevada National Bank v. Casgul of Nevada (In Re Casgul of Nevada)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- Ukrainian Savings and Loan Ass'n v. Trident Corp.District Court, E.D. Pennsylvania · 1982
- Royal Bank of Pennsylvania v. Three Tuns, Inc. (In Re Three Tuns, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1983
- Ukrainian Savings & Loan Ass'n v. Trident Corp. (In Re Trident Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1982
- In Re Law Clinic of Mott & Gray, P.C.United States Bankruptcy Court, E.D. Pennsylvania · 1984
3Cited by6 opinions
- McLaughlin v. Fireman's Trust Mortgage Corp. (In Re McLaughlin)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Bruce Energy Centre Ltd. v. Orfa Corp. of America (In Re Orfa Corp. of Philadelphia)United States Bankruptcy Court, E.D. Pennsylvania · 1991
- In Re CapodannoUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- Taylor v. Federal National Mortgage Ass'n (In Re Taylor)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- In Re WalkerUnited States Bankruptcy Court, E.D. Pennsylvania · 1994
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