Homeway Rentals v. Martin (In Re Martin)

HERMAN W. COOLIDGE, Bankruptcy Judge.

Homeway Rentals, a creditor in this Chapter 13 proceeding, sought relief from the automatic stay imposed by § 362 of the Bankruptcy Code. The following facts are established.

FINDINGS OF FACT

Homeway Rentals entered into a contract with this Debtor and his wife on June 23,1983, which placed a nine foot freezer in the Debtor’s home for his use. The contract called for payments of $10.00 per week. It is undisputed that there was also an oral agreement between the parties that Debtor and his wife could acquire title to the freezer by making seventy-eight weekly…