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IN RE GERIS

No. 91-1856.

973 F.2d 318 (1992)

In re Samuel Joseph GERIS, Sr., Debtor. SARATOGA GROUP, LTD.; R. Donald Honeycutt; Sidney Worley, Jr., Plaintiffs-Appellants, v. PEOPLES NATIONAL BANK; Robert Lawrence, IV; Walker, Jones, Lawrence, Payne & Duggan, P.C.; Martin & Walker, P.C., Trustee; Samuel Joseph Geris, Sr.; J. Frank Supplee, IV, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 19, 1992.

As Amended September 28, 1992.

Attorney(s) appearing for the Case

Paul Dennis Scanlon, Manassas, Va., argued, for plaintiffs-appellants.

Stephen Scott Mitchell, McKinley, Schmidtlein & Mitchell, Alexandria, Va., argued, Robert G. Mayer, Fairfax, Va., on brief, for defendants-appellees.

Before PHILLIPS and NIEMEYER, Circuit Judges, and WARD, Senior District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

The question on appeal is whether the 11 U.S.C. § 362(a) automatic stay provision of the Bankruptcy Code prevents foreclosure on a deed of trust under circumstances where the real estate involved is not owned by the debtor, but the debtor is liable for the indebtedness underlying the deed of trust. The bankruptcy court held and the district court affirmed that the automatic stay provision does not prevent foreclosure...

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