IN RE SOARES

No. 96-2110.

107 F.3d 969 (1997)

In re Napoleon G. SOARES, Debtor. Napoleon G. SOARES, Appellant, v. BROCKTON CREDIT UNION, Appellee.

United States Court of Appeals, First Circuit.

Decided March 10, 1997.


Attorney(s) appearing for the Case

Michael P. Cashman, Boston, MA, for appellant.

Gary W. Cruickshank, Boston, MA, for appellee.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and BOUDIN, Circuit Judge.


SELYA, Circuit Judge.

"[T]he dead tree gives no shelter." T.S. Eliot, The Waste Land, I, The Burial of the Dead (1922). Like a shade tree, the automatic stay which attends the initiation of bankruptcy proceedings, 11 U.S.C. § 362(a) (1994), must be nurtured if it is to retain its vitality. This appeal, which pits a Chapter 13 debtor bent on saving his home against a creditor bent on enforcing its rights...

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