IN RE RIGGINS

Bankruptcy No. 81-03113G, Adv. No. 82-0737G.

20 B.R. 608 (1982)

In re Vivian RIGGINS, Debtor. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, v. Vivian RIGGINS and James J. O'Connell, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

June 7, 1982.


Attorney(s) appearing for the Case

Esther L. Hornik, Cozen, Begier & O'Connor, Philadelphia, Pa., for plaintiff, Federal Nat. Mortg. Ass'n.

Levi W. Evans, III, Philadelphia, Pa., for defendant/debtor, Vivian Riggins.

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


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the mortgagee of the debtor's residence is entitled to relief from the automatic stay provisions of § 362(a) of the Bankruptcy Code ("the Code") to permit it to proceed with mortgage foreclosure. We conclude that the mortgagee is not entitled to such relief pursuant to § 362(d) because we find that the debtor has an equity in the property and that the interest of the mortgagee...

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