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IN RE McALOON

Bankruptcy No. 79-01916EG, Adversary No. 79-0012G.

1 B.R. 766 (1980)

In re John F. McALOON, Debtor. FIDELITY BOND AND MORTGAGE COMPANY, Plaintiff, v. John F. McALOON, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

January 14, 1980.

Attorney(s) appearing for the Case

Jeffrey V. Matteo, George Willner, P.C., Philadelphia, Pa., for plaintiff.

Jack K. Miller, Philadelphia, Pa., for debtor/defendant.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether we should grant relief from the automatic stay provisions of Section 362(a) of the Bankruptcy Code and allow a mortgagee to foreclose on the residential property of a Chapter 13 debtor. We will deny relief from the stay in this case because we find that the debtor has equity in the property, the property is necessary to the success of the...

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