IN RE ROANE

Bankruptcy No. 80-02623G, Adv. No. 80-0717G.

8 B.R. 997 (1981)

In re William A. ROANE and Delores Roane, Debtors. COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYES' RETIREMENT FUND, Plaintiff, v. William A. ROANE and Margaret Graham, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

February 20, 1981.


Attorney(s) appearing for the Case

John Swartz and Alan H. Gilbert, Philadelphia, Pa., for plaintiff, Commonwealth of Pennsylvania State Employes' Retirement Fund.

Thomas J. Turner, III, Philadelphia, Pa., for debtor/defendant, William A. Roane.

Margaret Graham, Philadelphia, Pa., Trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether we should grant relief from the automatic stay imposed by § 362(a) of the Bankruptcy Code ("the Code") to permit the mortgagee to foreclose on the debtors' residence. We conclude that the mortgagee is not entitled to such a modification of the stay because (1) it has failed to prove that the debtors lack equity in the property and (2) its interest in the property is adequately...

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