First Pennsylvania Bank N. A. v. Rondeau (In Re Rondeau)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented is whether the unsecured creditor is entitled to relief from the stay provided by § 1301(a) of the Bankruptcy Code (“the Code”) to permit it to proceed against the codebtor. We conclude that the creditor is entitled to such relief.

The facts of the case are as follows: 1 Joseph L. Rondeau (“the debtor”) filed a petition for an adjustment of debts under chapter 13 of the Code on January 18, 1980. First Pennsylvania Bank (“the bank”) is the holder of an unsecured claim against the debtor for $535.60. Ann Rondeau (“the co-debtor”) is…