IN RE CASE

Bankruptcy No. 92-20201-C-13.

148 B.R. 901 (1992)

In re William Ralph CASE, Jr. & Kimberly Gay Case, Debtors.

United States Bankruptcy Court, W.D. Missouri, C.D.

December 15, 1992.


Attorney(s) appearing for the Case

James D. Mariea, Fulton, MO, for Callaway Bank.

Gwendolyn Froeschner, Columbia, MO, for debtors.

Rick Fink, Chapter 13 Trustee.


MEMORANDUM OPINION

FRANK W. KOGER, Chief Judge.

The case presents the legal question whether the Chapter 13 codebtor stay, embodied in 11 U.S.C. § 1301, operates to prevent a creditor from filing a claim against the probate estate of a deceased codebtor. This Court holds that it does. Nonetheless, the Court will grant the creditor's motion for lift of stay on the basis that continued imposition of the stay results in irreparable harm to the creditor...

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