IN RE FRASCATORE

Bankruptcy No. 82-05505G.

33 B.R. 687 (1983)

In re Nicholas FRASCATORE and Laura Frascatore, Debtors. The LOMAS & NETTLETON COMPANY v. Nicholas FRASCATORE and Laura Frascatore, his wife and James J. O'Connell, Esquire Standing Trustee.

United States Bankruptcy Court, E.D. Pennsylvania.

October 7, 1983.


Attorney(s) appearing for the Case

David B. Comroe, Robinson, Greenberg & Lipman, Philadelphia, Pa., for The Lomas & Nettleton Co., the movant/mortgagee.

Michael Cibik, Philadelphia, Pa., for debtors, Nicholas Frascatore and Laura Frascatore.

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


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented herein is whether the mortgagee is entitled to modification of the automatic stay provisions of section 362(a) of the Bankruptcy Code ("the Code") to permit it to proceed with foreclosure proceedings so that the debtors' residence may be sold at sheriff's sale. Because the debtors have made but two payments to the mortgagee since the filing of their petition almost eleven months ago, we conclude...

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