Hamilton v. Lomas Mortgage U.S.A. (In Re Hamilton)

ORDER

BUA, District Judge.

Appellants Arthur and Janet Hamilton (“the Hamiltons”) filed a Chapter 13 bankruptcy petition on June 28, 1988. The petition named appellee Lomas Mortgage U.S. A. (“Lomas”), which holds the mortgage on the Hamiltons’ residence, as one of the Hamiltons’ creditors. On June 25, 1988, Lomas responded to the Hamiltons’ petition by filing a motion requesting the bankruptcy court to either dismiss the petition or grant Lomas relief from the automatic stay. The court refused to dismiss the petition but granted Lomas relief from the automatic stay to allow Lomas to proceed…