In Re Avila

MEMORANDUM DECISION AND ORDER ON MOTION OF CITIFINAN-CIAL MORTGAGE CORPORATION FOR RELIEF FROM THE AUTOMATIC STAY

MARILYN MORGAN, Bankruptcy Judge.

Introduction

Before the court is the restored motion of Citifinancial Mortgage for relief from the automatic stay to complete a foreclosure sale of the debtor’s residence. Having previously granted relief to post a Notice of Default only, and for the reasons that follow, further relief is denied at this time.

Factual and Procedural Background

This chapter 13 case was commenced on June 5, 2003. The debtor is 71 years old. She owns a triplex located at…