In re Gambler
In re Gambler
Opinion of the Court
OPINION
This matter is presented to the Court upon a creditor’s complaint seeking modification of the automatic stay pursuant to 11 U.S.C. § 362. For reasons hereinafter given, we will modify the stay.
The facts are as follows: the plaintiff Kennedy Mortgage Company
Relief from the automatic stay may be granted “for cause, including the lack of adequate protection of an interest in property” 11 U.S.C. § 362(d)(1). The facts of the case before us establish that cause exists to modify the stay. The Gamblers have made no payments to Kennedy in 34 months. Their equity cushion of approximately $200.00 exists solely by virtue of the fact that they have continued to reside in the property while it appreciated. In view of the slow real estate market, of which we take judicial notice,
For these reasons, we will grant the relief request by Kennedy in its complaint.
. This opinion constitutes the findings of fact and conclusions of law as required by Rule 752 of the Rules of Bankruptcy Procedure.
. Kennedy Mortgage Company is currently operating under Chapter 11. NCNB Mortgage has been granted authority by Robert Larson, Trustee, to pursue this account as Kennedy’s successor in interest.
. The Legal Intelligencer, May 17, 1982, at 26, Col 3.
. Haas v. Martin, 19 B.R. 496 (Twardowski, B.J., Bkrtcy.Pa., 1982).
Reference
- Full Case Name
- In re Paul K. GAMBLER and Carol S. Gambler, his wife
- Status
- Published