In Re Charlene Wise HARLAN, Debtor. WESTERN EQUITIES, INC., Plaintiff-Appellant, v. Charlene Wise HARLAN, Defendant-Appellee

Western Equities, Inc. appeals the district court’s judgment affirming the bankruptcy judge’s denial of its motion for relief from the automatic stay provisions of 11 U.S.C. § 362 . We reverse the decision of the district court.

Western Equities, Inc., is trustee under a deed of trust on appellee’s residence. Ap-pellee, Charlene Harlan, filed a Chapter 13 plan which the bankruptcy court confirmed without objection. She subsequently failed to make a balloon payment that became due under the deed of trust. Western Equities sought to lift the automatic stay so that it could foreclose on her residence. It relied on the statutory bar to a Chapter 13 modification of a claim secured by the debt- or’s residence. 11 U.S.C. § 1322 (b)(2). Both the bankruptcy court and the district court denied relief, however, in reliance on cases holding that once a plan is confirmed, creditors are barred from obtaining relief from a stay absent post-confirmation default in payments required under the plan. In Re Evans, 30 B.R. 530 (Bankr. 9th Cir. 1983); In Re Risser, 22 B.R. 868 (Bankr.S.D.Cal.1982). We reverse because in this case, unlike those cases, the plan itself did not reveal that the appellee…