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MATTER OF COLONIAL REALTY CO.

Bankruptcy No. 2-90-01980, Adv. No. 2-90-2231.

122 B.R. 1 (1990)

In the Matter of COLONIAL REALTY COMPANY, Debtor. COLONIAL REALTY COMPANY, Plaintiff, v. RIVER BANK AMERICA, Frank Satterwhite, as Receiver, Defendants.

United States Bankruptcy Court, D. Connecticut.

November 30, 1990.

Attorney(s) appearing for the Case

Jack Weinberg, Colonial Realty Co., West Hartford, Conn., Mark S. Shipman, Hartford, Conn., for debtor.

Dennis B. Arnold, and Gregory M. Salvato, Gibson, Dunn & Crutcher, and Michael D. O'Connell, and Robert A. DeFrino, O'Connell, Flaherty, Attmore & Forsyth, Hartford, Conn., for River Bank America.

Bruce Cornelius, Graves, Allen, Cornelius & Celestre, and Robert A. DeFrino, O'Connell, Flaherty, Attmore & Forsyth, Hartford, Conn., for Frank Satterwhite, As Receiver.

Frank S. Occhipini, Anderson Kill Olick & Oshinsky, Robert A. White, Murtha, Cullina, Richter & Pinney, Hartford, Conn., for Official Committee of Unsecured Creditors.

MEMORANDUM OF DECISION

ROBERT L. KRECHEVSKY, Chief Judge.

I.

ISSUE

The questions presented here are (1) whether a property management agreement between a real property owner and the debtor is property of the estate and (2) whether postpetition acts taken by a mortgagee foreclosing on the real property in securing the appointment of a receiver and the receiver's subsequent actions in replacing the debtor violate the automatic stay provisions...

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