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IN RE KELLY

Bankruptcy No. 5-92-00051.

150 B.R. 121 (1992)

In re Eugene J. KELLY, t/a Kelly's Restaurant, Debtor. LUZERNE NATIONAL BANK, Movant, v. Eugene J. KELLY, t/a Kelly's Restaurant, Debtor, and Charles Abner, Jr., Trustee, Respondents.

United States Bankruptcy Court, M.D. Pennsylvania.

May 19, 1992.

Attorney(s) appearing for the Case

Michael Cordone, Wilkes-Barre, PA, for Luzerne Nat. Bank, movant.

Larry A. Brand, Wilkes-Barre, PA, for debtor/respondent.

Charles Abner, Jr., Trustee, Berwick, PA.

ORDER

JOHN J. THOMAS, Bankruptcy Judge.

Before the Court is a Motion for Summary Judgment filed by the Movant, Luzerne National Bank, (hereinafter "Movant"). This action was commenced by the filing of a Motion seeking the lifting of the automatic stay in order to complete a foreclosure procedure initiated in the Court of Common Pleas of Luzerne County, Pennsylvania. For the reasons provided herein, we deny Movant's Motion for Summary Judgment.

Pursuant...

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