IN RE NATALE

Bankruptcy No. 80-00553G, Adversary No. 80-0113G.

5 B.R. 454 (1980)

In re Frank B. NATALE and Anna Natale, h/w, Debtors. Frank B. NATALE and Anna Natale, h/w, Plaintiff, v. KIRK MORTGAGE COMPANY, Homemaker Loan Consumer Discount Co., Philadelphia Policy and Fire Credit Union, G.E.C.C., Household Finance, Master Charge (Provident National Bank), Evergreen Account (Provident National Bank), Spiegel, Inc. and Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

August 12, 1980.


Attorney(s) appearing for the Case

Nicholas J. Scafidi, Fell, Spalding, Goff & Rubin, Philadelphia, Pa., for Philadelphia Police Fire Federal Credit Union.

S. Jerry Weissman, Philadelphia, Pa., for debtors.

Daniel J. Allan, Philadelphia, Pa., for Re/Max Eastern, Inc.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issues before the court are: (1) whether a judgment note together with a promissory note, a consumer credit disclosure form and a statement of income, constituted a security agreement which created a security interest in the real property of the debtors and (2) whether the actions of the debtors in attempting to prevent the creditor from enforcing its lien on the real property amounted to such fraud as to...

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