Workingmen's Sav. Loan v. Kestner

2 Citing cases

  1. In re Townsville

    268 B.R. 95 (Bankr. E.D. Pa. 2001)   Cited 30 times
    Concluding that "completion of a foreclosure sale," as used in H.R. Rep. No. 103-835, refers to "the event of the foreclosure sale ( i.e., the auction)"

    The interested parties are the debtor, the creditor and the potential bidders for the property. In light of the Pennsylvania Superior Court's teachings in Workingmen's Savings [and Loan Ass'n of Dellwood Corp. v. Kestner, 438 Pa. Super. 186, 652 A.2d 327 (1994)], it is reasonable to expect that notice of a continuation of a sale will be announced at the scheduled sale date — because potential bidders will likely be unaware that the debtor has filed a bankruptcy petition — but it is not reasonable for a debtor to choose not to attend the scheduled sale simply because he knows that the sale will not be consummated at that time because of his ex parte intervention in the bankruptcy court. Because it can be expected that the debtor, the creditor and potential bidders will attend the sale, oral notice as provided by Rule 3129.

  2. In re Hart

    246 B.R. 709 (Bankr. D. Mass. 2000)   Cited 47 times
    Holding Fannie Mae vicariously liable for unfair trade practices that violated Chapter 93A

    W.D. Pa. 1997); In re Stober 193 B.R. 5 (Bankr. D. Ariz. 1996); In re Doud. 30 B.R. 731, 733-734 (Bankr. W.D. Wash. 1983);Workingmen's Savings and Loan Association of Dellwood Corp. v. Kestner 438 Pa. Super. 186, 652 A.2d 327 (1994). According to the principle of noscitur a sociis, the word "continuation," as used in § 362(a)(1), must be read in conjunction with other words that surround it, such as "commencement."