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IN RE McGOWAN

Bankruptcy No. 80-00252G, Adv. No. 80-0178G.

6 B.R. 241 (1980)

In re John Edward McGOWAN and Elizabeth Marie McGowan, Debtors. JAY VENDING, INC., Plaintiff, v. John E. McGOWAN and Elizabeth M. McGowan and Margaret Graham, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

September 25, 1980.

Attorney(s) appearing for the Case

Cohen, Pincus, Verlin, Hahn, Reich & Sherzer, Philadelphia, Pa., for plaintiff Jay Vending, Inc.

Jack K. Miller, The Bankruptcy Clinic, Inc., Philadelphia, Pa., for debtors John Edward McGowan and Elizabeth Marie McGowan.

Margaret Graham, Philadelphia, Pa., Trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether a secured creditor is entitled to relief from the automatic stay in order to foreclose on the residence of the Chapter 13 debtors. We conclude that the secured creditor is not entitled to relief from the automatic stay because (1) the debtors have equity in the property, (2) the property is necessary to an effective Chapter 13 plan here, and (3) the debtors have offered to provide...

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