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IN RE DiBONA

Bankruptcy Nos. 80-02640G, 80-01782G and 80-0717G, Adv. Nos. 80-0709G, 80-0710G and 80-0717G.

7 B.R. 798 (1980)

In re Charles DiBONA and Raffaela Marge DiBona, Debtors. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, v. Charles DiBONA and Raffeala Marge DiBona, Defendants. In re Bruce HAYES, Debtor. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, v. Bruce HAYES, Defendant. In re William A. ROANE and Delores Roane, Debtors. COMMONWEALTH of Pennsylvania STATE EMPLOYEES' RETIREMENT FUND, Plaintiffs, v. William A. ROANE, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

December 19, 1980.

Attorney(s) appearing for the Case

John Swartz, Alan H. Gilbert, Philadelphia, Pa., for plaintiff, Federal Nat. Mortg. Ass'n and Com. of Pennsylvania Emp. Retirement Fund.

Mark Kaufman, Darby, Pa., for debtors/defendants, Charles DiBona and Raffeala Marge DiBona.

Leo Doyle, Philadelphia, Pa., Trustee.

Joseph S.U. Bodoff, Philadelphia, Pa., for debtor/defendant, Bruce Hayes.

Leonard P. Goldberger, Philadelphia, Pa., Trustee.

Thomas J. Turner, III, Philadelphia, Pa., for defendant.

Margaret Graham, Philadelphia, Pa., Trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue common to each of the foregoing cases and raised by us sua sponte, is whether the trustee in a Chapter 7 or Chapter 13 case is a necessary party defendant to a complaint for relief from the automatic stay. We conclude that the trustee is such a necessary party and that we are required to join him as such at whatever stage the proceedings are in when we become aware that he has not been so joined...

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