IN RE McCALL

Bankruptcy No. 81-04297G, Adv. No. 81-1559G.

25 B.R. 199 (1982)

In re Marjorie Maree McCALL a/k/a Cavalieri, Debtor. FIRST MORTGAGE CO. OF PA., Plaintiff, v. Marjorie Maree McCALL a/k/a Cavalieri, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

December 3, 1982.


Attorney(s) appearing for the Case

Richard F. Stern, Jenkintown, Pa., for plaintiff, First Mortg. Co. of Pa.

Roderick D. Mathewson, Norristown, Pa., for debtor/defendant, Marjorie Maree McCall a/k/a Cavalieri.

Melvin J. Buckman, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for Unsecured Creditors' Committee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether we should grant relief from the automatic stay imposed by section 362(a) of the Bankruptcy Code ("the Code") to permit the mortgagee to foreclose on the debtor's property. We conclude that the mortgagee is not entitled to such relief because we find that the debtor has equity in the property in question and because the mortgagee's interest in the subject property is adequately protected...

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