IN RE HINKLE

Bankruptcy No. 80-02881G, Adv. No. 81-0971G.

14 B.R. 202 (1981)

In re Marvin A. HINKLE, Jr. and Patricia A. Hinkle, Debtors. BOULEVARD MORTGAGE COMPANY, Plaintiff, v. Marvin A. HINKLE, Jr. and Patricia A. Hinkle and Margaret Graham, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended November 24, 1981.


Attorney(s) appearing for the Case

Edward J. Hayes, Philadelphia, Pa., for plaintiff, Boulevard Mortgage Co.

Terris Green, Philadelphia, Pa., for defendants, Marvin A. Hinkle, Jr. and Patricia A. Hinkle.

Margaret Graham, Philadelphia, Pa., Trustee in the chapter 13 case.

Leonard P. Goldberger, Philadelphia, Pa., Trustee in the chapter 7 case.


OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge:

The issue presented is whether the mortgagee is entitled to relief from the automatic stay pursuant to § 362(d)(1) of the Bankruptcy Code ("the Code") "for cause" where the debtors have failed to make their current mortgage payments since the filing of the debtors' chapter 13 petition (a period of 10 months). We conclude that the mortgagee is entitled to the requested relief.

The facts of the instant...

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