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IN RE DENNIS

Bankruptcy No. 81-00128G, Adv. No. 81-0311G.

14 B.R. 125 (1981)

In re Elaine DENNIS, Debtor. ADVANCE MORTGAGE CORPORATION, Plaintiff, v. Elaine DENNIS, Debtor, and James J. O'Connell, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

September 16, 1981.

Attorney(s) appearing for the Case

David J. Groth, Philadelphia, Pa., for plaintiff, Advance Mortgage Corp.

David Paul Daniels, Camden, N.J., for debtor/defendant, Elaine Dennis.

James J. O'Connell, Philadelphia, Pa., trustee/defendant.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented is the validity of a sheriff's sale of the real property of the debtor held on the day after the debtor had filed a petition under chapter 13 of the Bankruptcy Code ("the Code"). We conclude that the sale of that property by the sheriff to the mortgagee was a violation of the automatic stay provisions of § 362(a) of the Code. Furthermore, we conclude that, because the sale has not yet...

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