IN RE DiBONA

Bankruptcy No. 80-02640G, Adv. No. 80-0709G.

9 B.R. 21 (1981)

In re Charles DiBONA and Raffeala Marge DiBona, Debtors. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, v. Charles DiBONA and Raffeala Marge DiBona and Leo Doyle, 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, Federal Nat. Mortg. Assn.

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

Leo Doyle, Philadelphia, Pa., Trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether we should modify 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 a modification of the stay because (1) it has failed to prove that the debtor lacks equity in the property and (2) its interest in that property is adequately protected by...

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