IN RE RUBENSTEIN

Bankruptcy No. 5-88-01107.

105 B.R. 198 (1989)

In re Thomas Robert RUBENSTEIN and Elizabeth Elaine Rubenstein, Debtors.

United States Bankruptcy Court, D. Connecticut.

October 3, 1989.


Attorney(s) appearing for the Case

Walter D. Wagoner, Jr., New Haven, Conn., for debtor.

Daniel Meister, East Norwalk, Conn., Chapter 13 Trustee.

Anthony R. DeChello, The Pellegrino Law Firm, New Haven, Conn., for First Constitution Bank.

Matthew E. Frechette, Frechette & Frechette, New Haven, Conn., State Court Committee of Sale.


MEMORANDUM AND ORDER ON MOTION FOR DECLARATORY JUDGMENT THAT THE AUTOMATIC STAY DOES NOT APPLY OR JUDGMENT GRANTING RELIEF FROM THE AUTOMATIC STAY

ALAN H.W. SHIFF, Bankruptcy Judge.

The State Court Committee of Sale (the "Committee") moves for a declaratory judgment that the automatic stay, 11 U.S.C. § 362(a), does not apply to the commencement of a state court action against the debtors' mortgagee, First Constitution Bank (the "Bank") or, in the alternative...

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