IN RE SACKMAN MORTG. CORP.

Bankruptcy No. 91 B-12185(TLB), Adv. No. 91-6025-A.

158 B.R. 926 (1993)

In re SACKMAN MORTGAGE CORPORATION, Debtor. EUROPEAN AMERICAN BANK, Plaintiff, v. SACKMAN MORTGAGE CORPORATION, Defendant.

United States Bankruptcy Court, S.D. New York.

August 26, 1993.


Attorney(s) appearing for the Case

Sherman, Citron & Karasik by Michael Wexelbaum, New York City, for debtor.

Schulte Roth & Zabel, by Mark A. Neporent, New York City, for European American Bank.


DECISION ON MOTION FOR SUMMARY JUDGMENT

TINA L. BROZMAN, Bankruptcy Judge.

Outraged by the debtor's refusal to admit the regularity and validity of the foreclosure sale which European American Bank ("EAB") conducted exactly ten minutes before the debtor filed its chapter 11 petition, EAB commenced an adversary proceeding to declare that it is the owner of the foreclosed property, to enjoin the debtor, pursuant to 11 U.S.C. § 105, from interfering...

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