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IN RE GARDNER

Bankruptcy No. 80-02013K, Adv. No. 81-0506K.

14 B.R. 455 (1981)

In re Ronald Albert GARDNER and Barbara A. Gardner, h/w, Debtors. COMMONWEALTH of Pennsylvania, STATE EMPLOYEES' RETIREMENT FUND, Plaintiff, v. Ronald Albert GARDNER and Barbara A. Gardner, h/w and Margaret Graham, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

October 5, 1981.

Attorney(s) appearing for the Case

Irvin B. Fineman, Alan H. Gilbert, Philadelphia, Pa., for plaintiff.

James J. O'Connell, Philadelphia, Pa., standing trustee.

Carole L. McHugh, Philadelphia, Pa., for debtors/defendants.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This case comes before the Court on a complaint for relief from the automatic stay imposed by § 362 of the Bankruptcy Code. Plaintiff, Commonwealth of Pennsylvania State Employes' Retirement Fund seeks relief in order to proceed with foreclosure of the first mortgage. The Court will enter an order granting relief under § 362(d)(1) of the Code because the debtors' retain no equity and the property...

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