MATTER OF ROLOFF

Nos. 78-2394, 78-2395.

598 F.2d 783 (1979)

In the Matter of John C. ROLOFF, Sr., Debtor in No. 78-2394. In the Matter of Patricia ROLOFF, Debtor in No. 78-2395. Appeal of John C. ROLOFF, Sr., and Patricia Roloff, his wife.

United States Court of Appeals, Third Circuit.

Decided April 26, 1979.


Attorney(s) appearing for the Case

Kelly T. Young, Philip Stripling (argued), Farr, Reifsteck & Wolf, Haddon Heights, N.J., for appellants.

Paul Mainardi (argued), Brown, Connery, Kulp, Willie, Purnell & Greene, Haddonfield, N.J., for Audubon Savings & Loan Assoc.

Before ADAMS, HUNTER and GARTH, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal presents a question regarding the summary jurisdiction of a bankruptcy court under Chapter XII of the Bankruptcy Act.1 Specifically, the debtors seek to attack a state court foreclosure judgment by filing an affirmative defense and counterclaim relating to the merits of that judgment, in response to a secured creditor's complaint to vacate a stay in proceedings before a bankruptcy...

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