Mid Maine Mutual Savings Bank v. Johnson (In Re Johnson)

MEMORANDUM DECISION

FREDERICK A. JOHNSON, Bankruptcy Judge.

In this adversary proceeding Mid Maine Mutual Savings Bank (“the Bank”) seeks relief from the automatic stay provisions of Section 1301 of the Bankruptcy Code (11 U.S.C. § 1301) which prohibits a creditor from attempting to collect any part of a consumer debt from a person who is liable on the debt with a debtor who has filed for Chapter 13 relief.

The undisputed facts are that on February 1, 1980 the Bank entered into an “installment note security agreement” with John M. Johnson and Richard R. Johnson in the amount of $2,412.47.…