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IN RE ROSELLI

Bankruptcy No. 80-03458G, Adv. No. 81-0103G.

10 B.R. 665 (1981)

In re Robert R. ROSELLI, Debtor. BENEFICIAL MUTUAL SAVINGS BANK, Plaintiff, v. Robert R. ROSELLI, and Margaret Graham, Trustee, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

April 15, 1981.

Attorney(s) appearing for the Case

Harry J.J. O'Neill, Philadelphia, Pa., for plaintiff, Beneficial Mutual Savings Bank.

S. Simpson Gray, Stokes E. Mott, Jr., Mott & Gray, P.C., Philadelphia, Pa., for debtor/defendant, Robert R. Roselli.

Margaret Graham, Philadelphia, Pa., Trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The problem confronting us in this case is whether the automatic stay provisions of § 362(a) of the Bankruptcy Code ("the Code") should be modified to permit the first mortgagee to proceed with foreclosure proceedings against the residence owned by the debtor in which he and his wife reside. We conclude that the stay should be modified both because the first mortgagee has established that the debtor has no...

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