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IN RE STEIN

No. 269, Docket 96-5133.

127 F.3d 292 (1997)

In re Moses STEIN, Plaintiff, Shmuel KLEIN, Plaintiff-Appellant, v. ULSTER SAVINGS BANK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 20, 1997.

Attorney(s) appearing for the Case

Shmuel Klein, Spring Valley, NY, for Plaintiff-Appellant.

Anthony Carlini, Law Office of Howard C. St. John, Kingston, NY, of counsel, for Defendant-Appellee.

Before: PARKER, ALTIMARI, and KEITH, Circuit Judges.

PER CURIAM.

I. BACKGROUND

Schmuel Klein is an attorney who was representing debtor Moses Stein. On November 15, 1993, Klein filed a Chapter 13 bankruptcy petition on Stein's behalf to stop the imminent foreclosure sale of Stein's residence by Ulster Savings Bank ("Ulster"). The foreclosure was automatically stayed pursuant to 11 U.S.C. § 362.

On March 10, 1994, Ulster moved to have the automatic stay lifted on the grounds that Stein had not...

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