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IN RE GELLERT

Bankruptcy No. 84-463.

55 B.R. 970 (1985)

In re Donald P. GELLERT, Debtor. VALE MILLS CORPORATION, Movant, v. Donald P. GELLERT, Debtor/Respondent, Nancy H. Michels, Trustee/Respondent.

United States Bankruptcy Court, D. New Hampshire.

December 30, 1985.

Attorney(s) appearing for the Case

Joseph Szabo, Boston, Mass., Trustee.

Arthur O. Gormley, Jr., Nashua, N.H., for Vale Mills Corp.

Nancy Michels, Londonderry, N.H., Trustee/respondent.

Peter Lynch, Concord, N.H., for debtor/respondent.

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This case was heard before the court on the motion by Vale Mills Corporation for an order lifting the automatic stay provided by § 362 of the Bankruptcy Code, to permit the movant to proceed with a pending foreclosure action in the state court of its second and third mortgages on this Chapter 13 debtor's residential property. The case presents a recurrent pattern of misunderstanding of the scope of...

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