IN RE LOPEZ-SOTO

No. 84-1973.

764 F.2d 23 (1985)

In re Danny LOPEZ-SOTO and Marilyn Pujals De Lopez, Debtors. SUPERIOR PAINT MANUFACTURING CO., INC., Plaintiff, Appellant, v. Danny LOPEZ-SOTO and Marilyn Pujals De Lopez, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 10, 1985.

Rehearing and Rehearing Denied July 3, 1985.


Attorney(s) appearing for the Case

Elisa Bobonis Lang, Hato Rey, P.R., with whom John M. Garcia and Orlando Fernandez, Hato Rey, P.R., were on brief for plaintiff, appellant.

Antonio Gonzalez Geigel, Hato Rey, P.R., for defendants, appellees.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and WYZANSKI, Senior District Judge.


Rehearing and Rehearing En Banc Denied July 3, 1985.

BREYER, Circuit Judge.

The appellees, Sr. and Sra. Cruz, apparently now live in a house they agreed to buy from Sr. and Sra. Lopez, who subsequently filed for bankruptcy. The appellant, Superior Paint Manufacturing Co., Inc. ("Superior"), holds a third mortgage on the house. Superior, wishing to foreclose that mortgage in a Commonwealth court, asked the federal bankruptcy court to lift the "automatic stay...

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