IN RE BURKE

Bankruptcy No. 80-02855G, Adv. No. 81-0127G.

10 B.R. 163 (1981)

In re Artis Earl BURKE, Debtor. DELAWARE VALLEY CONSUMER DISCOUNT COMPANY, Plaintiff, v. Artis Earl BURKE and Margaret Graham, Trustee, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

March 26, 1981.


Attorney(s) appearing for the Case

George A. Ciervo, Willingboro, N.J., for plaintiff, Delaware Valley Consumer Discount Co.

Howard Hall, District Council 33, Philadelphia, Pa., for debtor/defendant, Artis Earl Burke.

Margaret Graham, Philadelphia, Pa., trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is similar to the legal query posed by the case of Administrator of Veterans' Affairs et al. v. Andre Sparkman, 9 B.R. 359, which we decided by an opinion dated March 2, 1981. However, in the instant case, the debtor raises an additional argument which requires analysis. The problem in both cases is whether the mortgagee who, before the debtor filed his...

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