1 ABR 198

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ALASKA
605 West 4th Avenue, Anchorage, AK 99501-2296

In re	Case No. A-90-00083
CATHY D. WOOD,	Chapter 13

Debtor(s)	ORDER LIFTING STAY TO PERMIT CONTINUATION OF CUSTODY PROCEEDING

1. A hearing was held on August 31, 1990 on the motion of Mark A. Paddon for relief from stay. Mr. Paddon moved on August 21, 1990 to lift the stay to allow the continuation of a custody proceeding, Mark A. Paddon v. Kathy D. Wood, Case No. 3AN-89-5923 Civil, in the Superior Court in Anchorage. Cathy Wood, the debtor, opposed lifting the stay, citing In re Stringer, 847 F.2d 549 (9th Cir. 1988).

2. This chapter 13 case has been pending since January 31, 1990. The debtor has continued the confirmation twice, and at the last confirmation hearing on August 28, 1990, asked for an extension until the end of October. The debtor indicated she may dismiss if she can sell her house. She has not been paying the trustee.

1 ABR 199 3. The custody matter will probably not be heard until sometime in 1991. When domestic relations matters interact with a bankruptcy the bankruptcy court should determine whether lifting of the stay is appropriate on a case by case basis. Deference should be shown to the expertise and calendars of the Alaska family court. See MacDonald v. MacDonald, 795 F.2d 715, 717 (9th Cir. 1985). Here, I can see little advantage to keeping the stay in effect. The bankruptcy proceeding should be finalized before the custody matter is heard. Keeping the stay in effect is artificially extending the conclusion of that matter. Therefore,

IT IS ORDERED that stay is lifted to allow Mark A. Paddon and Cathy Wood to pursue the pending custody action, Mark A. Paddon v. Kathy D. Wood, Case No. 3AN-89-5923 Civil, in the Superior Court in Anchorage.

DATED: August 31, 1990

	__/s/ Herbert A. Ross__
	HERBERT A. ROSS
	Bankruptcy Judge

Serve:
Mark A. Paddon, 1301 E. Dowling Rd., Suite 101, Anchorage, AK 99518
Arona Blachman, Esq.
Beatrice Furman, Trustee	H3133