GRELLA v. SALEM FIVE CENT SAV. BANK

No. 94-1674.

42 F.3d 26 (1994)

Paul J. GRELLA, Trustee, Appellant, v. SALEM FIVE CENT SAVINGS BANK, Appellee.

United States Court of Appeals, First Circuit.

Decided December 6, 1994.


Attorney(s) appearing for the Case

Kevin P. Sweeney, with whom Alexander L. Cataldo, Timothy E. McAllister and Cuddy Bixby, Boston, MA, were on brief, for appellant.

Kevin J. Simard, with whom Isaac H. Peres and Riemer & Braunstein, Boston, MA, were on brief, for appellee.

Before TORRUELLA, Chief Judge, COFFIN and CAMPBELL, Senior Circuit Judges.


TORRUELLA, Chief Judge.

This appeal raises an issue frequently debated in bankruptcy courts around the country, but never yet addressed by this court—namely, the permissible scope of a hearing on a motion for relief from the automatic stay under § 362 of the Bankruptcy Code.1 Paul J. Grella, trustee in bankruptcy ("Trustee") for debtor The Beverly Corporation (the "Debtor"), appeals the district court's affirmance of the bankruptcy...

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