In Re Case

MEMORANDUM OPINION

FRANK W. ROGER, Chief Judge.

The case presents the legal question whether the Chapter 13 codebtor stay, embodied in 11 U.S.C. § 1301, operates to prevent a creditor . from filing a claim against the probate estate of a deceased eodebtor. This Court holds that it does. Nonetheless, the Court will grant the creditor’s motion for lift of stay on the basis that continued imposition of the stay results in irreparable harm to the creditor.

FACTS .

On January 2, 1991, Debtor Ralph Case executed a promissory note in favor of the Callaway Bank in the amount of $2,293.41, payable in one…