Federal National Mortgage Ass'n v. DiBona (In Re DiBona)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue common to each of the foregoing cases and raised by us sua sponte, is whether the trustee in a Chapter 7 or Chapter 13 case is a necessary party defendant to a complaint for relief from the automatic stay. We conclude that the trustee is such a necessary party and that we are required to join him as such at whatever stage the proceedings are in when we become aware that he has not been so joined.

The facts are as follows: 1 In each of the captioned adversary proceedings, a complaint for relief from the automatic stay was brought by a secured…