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IN RE STEWART

Bankruptcy No. 79-01969G, Adv. No. 80-0634G.

7 B.R. 921 (1981)

In re Don Cornell STEWART, Katherine Stewart, Debtors. PHILADELPHIA SAVING FUND SOCIETY, Plaintiff, v. Don Cornell STEWART, Katherine Stewart, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 7, 1981.

Attorney(s) appearing for the Case

Rush T. Haines, II and Melvin C. Breaux, Drinker, Biddle & Reath, Philadelphia, Pa., for plaintiff, Philadelphia Saving Fund Society.

Jack K. Miller, Philadelphia, Pa., for debtors, Don Cornell Stewart and Katherine Stewart.

Margaret Graham, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether we should modify the automatic stay to permit the secured creditor to foreclose on its mortgage. We conclude that the automatic stay should be modified because the secured creditor's interest is not adequately protected.

The facts of the instant case are as follows:1 On February 3, 1978, Don Cornell Stewart and Katherine Stewart ("the debtors...

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