IN RE THISTLE

Appeal No. 82-9059.

28 B.R. 23 (1983)

In re Ernest F. THISTLE, Edith L. Thistle, Debtors-Appellants. First National Bank of Marlboro, Appellee.

United States Bankruptcy Appellate Panels for the First Circuit.

March 25, 1983.


Attorney(s) appearing for the Case

George R. Desmond, Framingham, Mass., for appellants.

Joseph J. Connolly, Morse, Morte & Rowe, Marlborough, Mass., for appellee.

Before VOTOLATO, Chief Judge, JOHNSON and GOODMAN, Bankruptcy Judges.


The debtors, Ernest F. and Edith L. Thistle, appeal an order of the bankruptcy court granting the appellee, First National Bank of Marlboro, relief from the automatic stay under 11 U.S.C. § 362 and authorizing it to foreclose upon a second mortgage on the debtors' home.

The following brief summary constitutes the relevant facts. On May 5, 1978, Ernest Thistle, in his capacity as president and treasurer of Boroughs Buick-Opel, Inc., executed a note to First National...

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