IN RE DAVIS

Bankruptcy No. 80-03378G, Adv. No. 81-0366G.

11 B.R. 680 (1981)

In re Howard Covode DAVIS a/k/a Howard C. Davis and Lavisa L. Davis, Debtors. COMMONWEALTH OF PENNA. SCHOOL EMPLOYES' RETIREMENT FUND, Plaintiff, v. Howard C. DAVIS and Lavisa L., h/w and Margaret Graham, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

June 12, 1981.


Attorney(s) appearing for the Case

Irvin B. Fineman, Philadelphia, Pa., for plaintiff, Commonwealth of Penna. School Employes' Retirement Fund.

Walton B. Yoder, Jr., Souderton, Pa., for debtors, Howard Covode Davis a/k/a Howard C. Davis and Lavisa L. Davis.

Margaret Graham, Philadelphia, Pa., trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether the debtors' failure to make payments under their chapter 13 plan and failure to make the current mortgage payments outside of that plan is sufficient "cause" to entitle the mortgagee to relief from the automatic stay provisions of § 362(a) of the Bankruptcy Code ("the Code"). We conclude that, where the debtors' delay in beginning those payments is excusable, that failure alone...

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