Barbarossa v. BENEFICIAL FINANCE CO. OF NEWPORT NEWS

MEMORANDUM ORDER

KELLAM, Chief Judge.

Appellant Barbarossa executed a promissory note, including a provision which waived his homestead exemption, in favor of appellee, Beneficial Finance Company of Newport News. Subsequently, appellant recorded a homestead deed in the Clerk’s Office of the Circuit Court for the City of Hampton, Virginia, after having filed a voluntary petition in bankruptcy on April 13, 1977. Appellee, an unsecured creditor, sought relief in the Bankruptcy Court for the stay created by the bankruptcy petition for the purpose of pursuing state court remedies against…