West Beneficial Finance, Inc. v. Henson (In Re Henson)

OPINION AND ORDER ON COMPLAINT TO MODIFY STAY

R. J. SIDMAN, Bankruptcy Judge.

West Beneficial Finance, Inc. (“Beneficial”) has filed a complaint against Benjamin Herman Henson (“Henson”), a debtor in a Chapter 13 proceeding pending in this Court. The Complaint seeks relief from the stay imposed by § 1301 of the Bankruptcy Code.

The Court makes the following findings of fact. Henson filed a petition under Chapter 13 of the Bankruptcy Code on September 12, 1980. A Chapter 13 plan was confirmed by this Court on November 17, 1980. The terms of the plan call for a $150.00 per month payment to the…