IN RE PIZZULLO

Bankruptcy No. 81-03868G, Adv. No. 83-0349G.

33 B.R. 740 (1983)

In re Angelo D. PIZZULLO and Ethel L. Pizzullo, Debtors. COMMONWEALTH OF PA. SCHOOL EMPLOYES' RETIREMENT FUND, Plaintiff, v. Angelo Dominick PIZZULLO and Ethel L. Pizzullo, and James O'Connell, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

October 14, 1983.


Attorney(s) appearing for the Case

Irvin B. Fineman, Philadelphia, Pa., for plaintiff, Com. of Pa. School Employees' Retirement Fund.

Jack K. Miller, Philadelphia, Pa., for debtors/defendants, Angelo Dominick Pizzullo and Ethel L. Pizzullo, h/w.

James J. O'Connell, Philadelphia, Pa., Chapter 13 standing trustee.


OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge:

The issue at bench is whether the automatic stay provisions of section 362(a) of the Bankruptcy Code ("the Code") should be modified because the debtors have missed three (3) current mortgage payments due the plaintiff pursuant to the terms of the debtors' confirmed chapter 13 plan; and, in so deciding, whether evidence of the debtors' pre-confirmation payment history...

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