In re Hayward

MEMORANDUM OPINION

FRANK W. KOGER, Bankruptcy Judge.

Debtor filed a Chapter 13 petition on April 3, 1987, but had filed neither a plan nor a plan summary by April 20, 1987, when the case was dismissed for said omission. Creditor Security Pacific Finance Corporation had filed a Motion for Relief From the Automatic Stay as well as a Motion to Dismiss. Debtor sought and obtained reinstatement of the Chapter 13 claiming that resolution of either Motion would be dispositive of the issues and was necessary before any plan could be filed. The Court then heard the Motion for Relief From Automatic Stay.

T…