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IN RE KRISTINIAK

Bankruptcy No. 93-14201DAS.

208 B.R. 132 (1997)

In re Dean E. and Susan B. KRISTINIAK, Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

April 21, 1997.

Attorney(s) appearing for the Case

Anthony J. Rocca, Philadelphia, PA, for Debtor.

Kenneth F. Carobus, Morris & Adelman, P.C., Philadelphia, PA, for Reed Investors Corp.

Edward Sparkman, Philadelphia, PA, Standing Chapter 13 Trustee.

Frederic Baker, Assistant United States Trustee, Philadelphia, PA, (U.S. Trustee).

OPINION

DAVID A. SCHOLL, Chief Judge.

A. INTRODUCTION

To our surprise and somewhat to our disappointment, we are forced to conclude that the Debtors' honest mistake in omitting an unsecured creditor from their Chapter 13 Schedules entitles that creditor to relief from the automatic stay to pursue its nondischargeable claim against the Debtors.

B. PROCEDURAL AND FACTUAL HISTORY

The brief testimony did little to...

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