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VASTOLA v. MILKS

No. CIV-81-500E.

14 B.R. 15 (1981)

Frank and Naomi VASTOLA, Plaintiffs, v. Mary Jeannette MILKS, Defendant.

United States District Court, W.D. New York.

September 8, 1981.

Attorney(s) appearing for the Case

Mark M. Schuetze of Ralabate & Nicosia, Buffalo, N.Y., for plaintiffs.

Carl M. Perfetto, Lackawanna, N.Y., for defendant.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This is an appeal from an order of the Bankruptcy Court which granted plaintiffs relief from the automatic stay provided by 11 U.S.C. § 362 and dismissed the defendant debtor's counterclaim.

The debtor filed a voluntary petition under Chapter 7 of the Bankruptcy Code February 18, 1981. Plaintiffs hold a mortgage on certain real property owned by the debtor and had petitioned the Bankruptcy Court for...

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