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PAYMENT PLANS, INC. v. STRELL

No. 1261, Docket 83-5009.

717 F.2d 25 (1983)

PAYMENT PLANS, INC., Appellant, v. Robert P. STRELL, as Trustee for the Estate of Paul R. Johnson, Appellee.

United States Court of Appeals, Second Circuit.

Decided August 25, 1983.

Attorney(s) appearing for the Case

Michael Lancello, Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y. (Paul K. Stecker, Buffalo, N.Y., of counsel), for appellant.

William F. Savino, Magavern, Magavern, Lowe, Beilewech, Dopkins & Fadale, Buffalo, N.Y. (Goldman, Costa & Getman, Buffalo, N.Y., of counsel), for appellee.

Before OAKES, CARDAMONE and PIERCE, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from a judgment of the United States District Court for the Western District of New York, John T. Curtin, Judge, affirming the April 21, 1982, order of the United States Bankruptcy Court for the Western District of New York, Beryl E. McGuire, Judge, denying plaintiff Payment Plans' application for relief from a stay that prevents Payment Plans from enforcing its security interest in a 1970...

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