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IN RE MONROE PARK

Civ. A. No. 81-361, Bankruptcy No. 81-75, Adv. No. A81-33.

17 B.R. 934 (1982)

In re MONROE PARK, a Limited Partnership; formerly known as Monroe Park, a Limited Partnership, with Henry L. Weinstein as General Partner. METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation, Assignee of Gilpin Van Trump and Montgomery, Incorporated, a Delaware corporation, Plaintiff, v. MONROE PARK, a Limited Partnership; formerly known as Monroe Park, a Limited Partnership, with Henry L. Weinstein as General Partner, Defendant.

United States District Court, D. Delaware.

February 25, 1982.

Attorney(s) appearing for the Case

David Roeberg and Mark Lynch of Roeberg & Associates, P.A., Wilmington, Del., for appellant, Monroe Park.

Eduard F. von Wettberg III and Daniel H. Krapf of Morris, James, Hitchens & Williams, Wilmington, Del., for appellee, Metropolitan Life Insurance Co.

OPINION

LATCHUM, Chief Judge.

This is an appeal from a decision of the Bankruptcy Court granting plaintiff, Metropolitan Life Insurance Company ("Metropolitan"), relief from an automatic stay imposed by 11 U.S.C. § 362(a). The trial court's order allowed Metropolitan to pursue a mortgage foreclosure action then pending in state Superior Court against defendant, Monroe Park, notwithstanding the fact that Monroe...

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