IN RE FLAGG

Bankruptcy No. 80-01826G, Adv. No. 81-0694G.

17 B.R. 677 (1982)

In re James J. FLAGG, Debtor. Marie T. FLAGG, Plaintiff, v. James J. FLAGG, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 12, 1982.


Attorney(s) appearing for the Case

Norman M. Rosengarten, Philadelphia, Pa., for plaintiff, Marie T. Flagg.

Bruce Fox, David L. Hill, Community Legal Services, Inc., Philadelphia, Pa., for debtor, James J. Flagg.

Samuel Brodsky, Philadelphia, Pa., trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the plaintiff (the wife of the debtor) is entitled to relief from the automatic stay imposed by Section 362(a) of the Bankruptcy Code ("the Code") to permit her to proceed with a divorce action commenced by her in a state court against her husband, the debtor. We conclude that, under the unique circumstances of this case, the plaintiff is entitled to such relief.

The facts...

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