IN RE NATALE

Bankruptcy No. 98-34221SR. Adversary No. 99-0231.

237 B.R. 865 (1999)

In re Ronald L. NATALE and Janet L. Natale, Debtor. Ronald L. Natale and Janet L. Natale, Plaintiffs, v. French & Pickering Creeks Conservation Trust, Inc., Lester W. Schwartz and Frederick L. Reigle, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania, Philadelphia Division.

August 26, 1999.


Attorney(s) appearing for the Case

Dexter K. Case, Reading, PA, for Debtor.

Frederick L. Reigle, Reading, PA, trustee.


OPINION

STEPHEN RASLAVICH, Bankruptcy Judge.

INTRODUCTION

This proceeding concerns the aftermath of a legal battle to enforce upon the debtors a restrictive covenant prohibiting construction of a house on their land. The pivotal issue is whether a judgment for costs and expenses incurred to enforce the covenant takes priority over mortgage liens recorded subsequent to the restrictive covenant but prior to entry of the judgment. For the reasons...

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