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MATTER OF M. FRENVILLE CO., INC.

No. 83-5789.

744 F.2d 332 (1984)

In the Matter of M. FRENVILLE CO., INC., Rudolph F. Frenville, Jr. and Rudolph F. Frenville, Sr. AVELLINO & BIENES, A Partnership, Appellant, v. M. FRENVILLE CO., INC. and Rudolph F. Frenville, Sr., and Charles Stanziale, Esq., Interim Trustee.

United States Court of Appeals, Third Circuit.

Decided September 17, 1984.

Certiorari Denied January 14, 1985.

Attorney(s) appearing for the Case

McDonough, Murray & Korn, Westfield, N.J., for appellant; Jay Scott MacNeill (argued), Westfield, N.J., on the brief.

Steven Z. Jurista (argued), Lehman & Wasserman, Millburn, N.J., for M. Frenville Co., Inc. and Rudolph F. Frenville, Sr.

Ben H. Becker, Schwartz, Steinberg & Stanziale, East Orange, N.J., for interim trustee.

Before SEITZ, Chief Judge, STEWART, Associate Justice (Retired), and ADAMS, Circuit Judge.

Certiorari Denied January 14, 1985. See 105 S.Ct. 911.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This is an appeal by Avellino & Bienes (A & B) from a ruling by the district court, affirming the judgment of the bankruptcy court, that A & B's action against M. Frenville Co., Inc. and Rudolf Frenville, Sr. was barred by the automatic stay provision of the Bankruptcy Reform Act of 1978 (the Code), 11 U.S.C. § 362(a)(1) (1982). The...

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