First Mortgage Corp. v. Walker (In Re Walker)

MEMORANDUM OPINION AND ORDER

H- CLYDE PEARSON, Bankruptcy Judge.

Plaintiff seeks relief from the stay to foreclose a delinquent deed of trust in this Chapter 13 case. The Complaint was filed January 18, 1980, set for hearing on February 26, 1980, at which time the Court heard evidence of the Plaintiff, took the case under advisement and continued the matter for further consideration at the Confirmation Hearing in the Chapter 13 case held on March 4, 1980.

Counsel for the Plaintiff contends that failure of the Court to enter an order within thirty days from the date of filing permitted the stay…