IN RE HARTMAN PAVING, INC.

No. 83-1443.

745 F.2d 307 (1984)

In re HARTMAN PAVING, INC., South Berkeley Lumber & Supply, Inc., Debtors-In-Possession. Thomas G. PYNE, Appellant, v. HARTMAN PAVING, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1984.

Rehearing Denied November 15, 1984.


Attorney(s) appearing for the Case

John C. Skinner, Jr., Charles Town, W. Va. (Nichols and Skinner, L.C., Charles Town, W. Va., on brief), for appellant.

Michael L. Bray, Clarksburg, W. Va. (Steptoe & Johnson, Clarksburg, W. Va., on brief), for appellee.

Before WINTER, Chief Judge, and PHILLIPS and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

Thomas G. Pyne appeals from the district court's order affirming the bankruptcy court's denial of relief from the automatic stay imposed under 11 U.S.C. § 362. We reverse.

I.

In August of 1979 Pyne conveyed real estate and several mobile homes by deed to the Hartman Paving Corporation [Hartman] in exchange for a promissory note. The deed was recorded in the office of the Clerk of the County Commission of Berkeley County...

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