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IN RE RIPIANZI

Bankruptcy No. 5-81-00906, Adv. No. 5-82-0250.

27 B.R. 15 (1982)

In re Joseph RIPIANZI and Barbara K. Ripianzi, t/a Lords Valley Automotive, Debtors. FRANKLIN FEDERAL SAVINGS & LOAN ASSOCIATION OF WILKES-BARRE, Plaintiff, v. Joseph & Barbara RIPIANZI and Stephen G. Bresset, Esq., Trustee, Defendants.

United States Bankruptcy Court, M.D. Pennsylvania.

September 15, 1982.

Attorney(s) appearing for the Case

Joseph B. Finlay, Jr., Wilkes-Barre, Pa., for plaintiff.

John P. Lawler, Stroudsburg, Pa., for debtors.

Stephen Bresset, Honesdale, Pa., Trustee.

OPINION AND ORDER

THOMAS C. GIBBONS, Bankruptcy Judge:

The plaintiff commenced this action seeking a modification of the automatic stay in order to foreclose its mortgage on a certain parcel of real property owned by the debtors. It has moved the Court for summary judgment pursuant to Bankruptcy Rule 756.

Under Rule 56(c) of the Federal Rules of Civil Procedure, which is applicable in this proceeding through Bankruptcy Rule 756, summary judgment...

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