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IN RE McKINNEY 1

No. 05-21651.

344 B.R. 1 (2006)

In re Earl N. McKINNEY, and Gwendy L. McKinney, Debtors. JPMorgan Chase Bank f/k/a The Chase Manhattan Bank, Movant, v. Earl N. McKinney, and Gwendy L. McKinney, Debtors/Respondents. Peter C. Fessenden, Chapter 13 Trustee, Respondent.

United States Bankruptcy Court, D. Maine.

June 14, 2006.

Attorney(s) appearing for the Case

Tammy Ham-Thompson, Esq., Gardiner, ME, for Debtors.

Andrew Sparks, Esq., Portland, ME, for Movant.

Memorandum of Decision

JAMES B. HAINES, JR., Bankruptcy Judge.

JPMorgan Chase Bank's motion for relief from stay is before me on a stipulated record. The only issue presented is whether cause for relief from stay exists because the debtors' residence, mortgaged to the bank, was "sold" at foreclosure before bankruptcy, rendering cure and reinstatement within Chapter 13 via § 1322(b) and (c)(1) impossible.1

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