IN RE PELZER

Bankruptcy No. 80-02844G, Adv. No. 81-0930G.

15 B.R. 73 (1981)

In re Nathaniel PELZER, Debtor. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, v. Nathaniel PELZER and Claudia Pelzer, h/w and Margaret Graham, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

October 16, 1981.


Attorney(s) appearing for the Case

Louis W. Fryman, Philadelphia, Pa., for plaintiff, Federal Nat. Mortgage Assn.

Perry L. Crutchfield, Philadelphia, Pa., for debtor, Nathaniel Pelzer.

Margaret Graham, Philadelphia, Pa., Trustee (resigned).

James J. O'Connell, Philadelphia, Pa., Trustee.


OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge:

The issue presented herein is whether the defendants have sustained their burden of establishing at the preliminary hearing held herein that they have a reasonable likelihood of prevailing at the final hearing under § 362(d). We conclude that the defendants have failed to carry that burden and that the plaintiff is, therefore, entitled to relief from the automatic stay pursuant to § 362(e).

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