FIRST NATIONAL FIDELITY CORP.
v.
Ruth PERRY, Appellant,
Robert M. Wood, Trustee.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued April 16, 1991.
Decided September 11, 1991.
Rehearing Denied October 8, 1991.
Attorney(s) appearing for the Case
David Paul Daniels, P.A. (argued), Jeannette M. Amodeo, Camden, N.J., for appellant.
William V. Eisenberg (argued), Janet L. Gold, Eisenberg & Gold, P.C., Haddonfield, N.J., for appellee.
Peter J. Broege, Wood, Broege & Fischer, Manasquan, N.J., for Trustee.
Frank Max Salinger, Robert E. McKew, American Financial Ass'n, Washington, D.C., for American Financial Services Ass'n.
Eric L. Frank, Community Legal Services, Inc., Philadelphia, Pa., for Consumers Educ. and Protective Ass'n and Jeffrey Helveston.
Jack K. Miller, Miller and Miller, Philadelphia, Pa., for Helen Baker.
Neil J. Fogarty (argued), Hudson County Legal Services Corp., Timothy K. Madden, Director, Jersey City, N.J., Professor Philip Shuchman, Rutgers Law School, Newark, N.J., for Hudson County Legal Services Corp.
E. Robert Levy, Edward A. Bertele, Levy & Lybeck, P.C., Union, N.J., for Mortgage Council of New Jersey.
Before STAPLETON, GREENBERG and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
STAPLETON, Circuit Judge:
Recognizing that "state laws are ... suspended only to the extent of actual conflict with the system provided by the Bankruptcy [Code]," Stellwagen v. Clum,245 U.S. 605, 613, 38 S.Ct. 215, 217, 62 L.Ed. 507 (1918), this court has held that Chapter 13 does not authorize a debtor to reinstate his New Jersey home mortgage after a foreclosure sale and before the time for redemption...
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