Fidelity Bond & Mortgage Co. v. Anderson (In Re Anderson)

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

Fidelity Bond and Mortgage Company (“Fidelity”) has commenced an adversary proceeding to vacate the automatic stay imposed by Bankruptcy Code § 362 in order to permit it to proceed to Sheriff’s sale.

The debtors request that the stay be continued because the case has been converted from a Chapter 13 proceeding to Chapter 7.

After a final hearing, pursuant to Bankruptcy Code § 362(e), the court makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

1. Plaintiff, Fidelity, is mortgagee of a mortgage given and executed by the above…