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IN RE AUGUSTUS COURT ASSOCIATES

Bankruptcy No. 84-01560G.

43 B.R. 352 (1984)

In re AUGUSTUS COURT ASSOCIATES, A Limited Partnership, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

October 12, 1984.

Attorney(s) appearing for the Case

Kenneth T. Ulrich, Richman & Cook, Philadelphia, Pa., for Chase Savings and Loan Association and Krems, Maloney and Schreiber.

Arsen Kashkashian, Jr., Kashkashian & Associates, Philadelphia, Pa. for debtor, Augustus Court Associates, A Limited Partnership.

John O'Rourke, McTighe, Weiss & Stewart, P.C., Norristown, Pa., Drew Salaman, Philadelphia, Pa., Ralph D. Freidman, Jenkintown, Pa., for interested parties.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The threshold issue in the case at bench is whether the automatic stay applies to a debtor's action to set aside a sheriff's sale. If so, the second issue before us is whether a mortgagee is entitled to relief from said stay for cause based on the debtor's filing of its petition under Chapter 11 of the Bankruptcy Code ("the Code") on the day on which a hearing on the sheriff's sale action was scheduled. For the reasons...

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