Boulevard Mortgage Co. v. Hinkle (In Re Hinkle)

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge:

The issue presented is whether the mortgagee is entitled to relief from the automatic stay pursuant to § 362(d)(1) of the Bankruptcy Code (“the Code”) “for cause” where the debtors have failed to make their current mortgage payments since the filing of the debtors’ chapter 13 petition (a period of 10 months). We conclude that the mortgagee is entitled to the requested relief.

The facts of the instant case are as follows: 1 On November 5, 1980, Marvin A. and Patricia A. Hinkle (“the debtors”) filed a petition for an adjustment of their debts under…