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IN RE SACKETT

Nos. 91-CV-1142, 90-11628 and 90-11627, Adv. Nos. 91-91023AJJM, 91-91028AJJM.

135 B.R. 453 (1992)

In re Robert SACKETT, Debtor. Barrett S. TOWNSEND, Plaintiff, v. Robert SACKETT, Defendant. In re Rosemary SACKETT, Debtor. Barrett S. TOWNSEND, Plaintiff, v. Rosemary SACKETT, Defendant.

United States District Court, N.D. New York.

January 21, 1992.

Attorney(s) appearing for the Case

Shults & Shults, Hornell, N.Y. (David A. Shults, of counsel), for Barrett S. Townsend.

Richard B. Spinney, Stamford, N.Y., for National Bank of Stamford.

Herrmann Pelagalli & Abramson, Clifton Park, N.Y. (Paul Pelagalli, of counsel), for Robert & Rosemary Sackett.

James Collins, U.S. Trustee, Binghamton, N.Y.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

INTRODUCTION

This is an appeal from an interlocutory order of the Bankruptcy Court dated August 21, 1991, which denied Townsend's ("appellant") motion to reargue the National Bank of Stamford's ("Bank") motion to vacate an automatic stay pursuant to 11 U.S.C. section 362.

On appeal, appellant contends that it was improper for the Bankruptcy Court to grant the Bank's motion for relief from...

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