Abraham & Straus v. Francis (In Re Francis)

DECISION

C. ALBERT PARENTE, Bankruptcy Judge.

Plaintiff, a retail department store, extended credit to defendant’s wife, a debtor under Chapter 13 of the Bankruptcy Code.

Plaintiff seeks judgment vacating the automatic stay imposed by 11 U.S.C. § 1301 and permitting plaintiff to proceed against defendant as co-debtor on the unsatisfied obligation incurred by the Chapter 13 debt- or. The complaint alleges that defendant actually received the consideration for plaintiff’s claim, that plaintiff will not be paid under debtor’s plan, and that failure to vacate the stay will cause irreparable harm to…