In Re Charlene Wise HARLAN, Debtor. WESTERN EQUITIES, INC., Plaintiff-Appellant, v. Charlene Wise HARLAN, Defendant-Appellee

Western Equities, Inc. appeals the district court’s judgment affirming the bankruptcy judge’s denial of its motion for relief from the automatic stay provisions of 11 U.S.C. § 362. We reverse the decision of the district court.

Western Equities, Inc., is trustee under a deed of trust on appellee’s residence. Ap-pellee, Charlene Harlan, filed a Chapter 13 plan which the bankruptcy court confirmed without objection. She subsequently failed to make a balloon payment that became due under the deed of trust. Western Equities sought to lift the automatic stay so that it could foreclose on her…