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IN RE FRANCIS

Bankruptcy No. 880-06574-18, Adv. No. 881-0682-18.

15 B.R. 998 (1981)

In re Elizabeth FRANCIS, Debtor. ABRAHAM & STRAUS, Division of Federal Department Stores, Inc., Plaintiff, v. Joseph FRANCIS, a/k/a Joseph E. Francis, Kenneth Kirschenbaum, Trustee, Defendants.

United States Bankruptcy Court, E.D. New York.

December 23, 1981.

Attorney(s) appearing for the Case

Stephen P. Gelfand, Smithtown, N.Y., for debtor.

Batzar & Weinberg, P.C., Rockville Centre, N.Y., for Abraham & Straus.

DECISION

C. ALBERT PARENTE, Bankruptcy Judge.

Plaintiff, a retail department store, extended credit to defendant's wife, a debtor under Chapter 13 of the Bankruptcy Code.

Plaintiff seeks judgment vacating the automatic stay imposed by 11 U.S.C. § 1301 and permitting plaintiff to proceed against defendant as co-debtor on the unsatisfied obligation incurred by the Chapter 13 debtor. The complaint alleges that defendant actually received the consideration...

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