Commonwealth of Penna. School Employes' Retirement Fund v. Davis (In Re Davis)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether the debtors’ failure to make payments under their chapter 13 plan and failure to make the current mortgage payments outside of that plan is sufficient “cause” to entitle the mortgagee to relief from the automatic stay provisions of § 362(a) of the Bankruptcy- Code (“the Code”). We conclude that, where the debtors’ delay in beginning those payments is excusable, that failure alone is not sufficient “cause” for lifting the stay.

The facts of the instant case are as follows: 1 On December 30, 1977, Howard C. Davis and…