IN RE BLACK

Bankruptcy No. 85-04690G.

58 B.R. 60 (1986)

In re James BLACK, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

February 13, 1986.


Attorney(s) appearing for the Case

Lynne B. Allen, Warren T. Pratt, Drinker Biddle & Reath, Philadelphia, Pa., for movant, Philadelphia Sav. Fund Soc.

David M. Offen, Philadelphia, Pa., for debtor, James Black.

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


OPINION

EMIL F. GOLDHABER, Chief Judge:

The matter for decision, arising under a bank's motion for relief from the automatic stay of 11 U.S.C. § 362(a) of the Bankruptcy Code ("the Code"), is whether the automatic stay bars the bank's foreclosure of a mortgage on a parcel of realty on which a debtor resides, although legal title to the property is held by the debtor's spouse. On the basis of the reasoning set forth below, we conclude that the automatic...

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