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IN RE SPARAGO

Bankruptcy No. 183-30019-21, Adv. No. 183-0125-21.

31 B.R. 552 (1983)

In re Mario and Nancy SPARAGO, Debtors. CHRYSLER CREDIT CORPORATION, Plaintiff, v. Mario SPARAGO and Joseph H. Frier, Trustee of the Estate of Mario and Nancy Sparago, Defendants.

United States Bankruptcy Court, E.D. New York.

July 21, 1983.

Attorney(s) appearing for the Case

Rood, Schwartz, Cohen & Ruderman, New York City, for plaintiff; Melvin C. Cohen, and David L. Tillem, New York City, of counsel.

Charles R. Tropp, Staten Island, N.Y., for debtor and defendant Mario Sparago.

Joseph H. Frier, New York City, trustee.

OPINION

CECELIA H. GOETZ, Bankruptcy Judge:

The issue in this adversary proceeding is whether the plaintiff, a finance company, is entitled to a judgment vacating the automatic stay and directing the trustee to abandon a vehicle owned by the debtor-defendant, Mario Sparago, so as to permit the plaintiff to repossess such vehicle, despite the fact that the debtor is current on his payments to the finance company, but is in default under an ipso facto<...

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