IN RE DeSIMONE

Bankruptcy No. 81-02575G, Adv. No. 81-0854G.

13 B.R. 981 (1981)

In re Rita M. DeSIMONE, Debtor. Jay EICHLER and Mary Eichler, Plaintiffs, v. Rita M. DeSIMONE and James J. O'Connell, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

September 14, 1981.


Attorney(s) appearing for the Case

George M. Bobrin, Philadelphia, Pa., for plaintiffs, Jay Eichler and Mary Eichler.

Jack K. Miller, Philadelphia, Pa., for debtor/defendant, Rita M. DeSimone.

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


MEMORANDUM OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge:

The issue presented is whether the plaintiffs herein have sustained their burden of proving that the debtor lacks equity in her residence in order to entitle them to relief under § 362(d) from the automatic stay provisions of the Bankruptcy Code ("the Code"). We conclude that the plaintiffs have failed to sustain their burden of proof and will, therefore, grant the debtor's request for a directed...

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