IN RE MAGWOOD

No. 84-5680.

785 F.2d 1077 (1986)

In re William L. MAGWOOD, III. Florence HICKS, Appellant, v. Paul D. PEARLSTEIN.

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 1986.

As Amended March 14, 1986.


Attorney(s) appearing for the Case

Claude W. Roxborough, for appellant.

Paul D. Pearlstein, Washington, D.C., for appellee.

Harold J. Krent, Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty. and William Kanter, Dept. of Justice, Washington, D.C., were on brief for intervenor.

Professor Thomas G. Krattenmaker, for the Court as amicus curiae.

Murray Drabkin, Mark C. Ellenberg and Imogene Lehman, Washington, D.C., were on brief for amicus curiae urging affirmance.

Before EDWARDS, GINSBURG and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

On April 15, 1983, appellant Florence Hicks foreclosed a mortgage on property held by a debtor who two weeks earlier had filed for bankruptcy. At a hearing before the bankruptcy court to determine whether this foreclosure violated the automatic stay of execution rule, the appellant and the Trustee of the bankrupt estate reached an oral settlement establishing procedures...

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