IN RE FIDELITY AMERICA MORTGAGE CO.

Bankruptcy Nos. 81-00386G, 81-00394G, Adv. 81-1176G, 81-1177G.

15 B.R. 622 (1981)

In re FIDELITY AMERICA MORTGAGE CO., A Pennsylvania Corporation In re WHISPERING BROOK ASSOCIATES, a Kentucky limited partnership, Debtors. FIRST NATIONAL BANK OF LOUISVILLE, a Pennsylvania Corporation, Plaintiff, v. FIDELITY AMERICA MORTGAGE CO., A Pennsylvania Corporation, Whispering Brook Associates, and Norman M. Kranzdorf, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

December 4, 1981.


Attorney(s) appearing for the Case

Jack B. Justice, Joseph A. Dworetzky, Drinker, Biddle & Reath, Philadelphia, Pa., for plaintiff, First Nat. Bank of Louisville.

Michael L. Temin, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for defendants, Fidelity America Mortgage Co. and Whispering Brook Associates.

Norman M. Kranzdorf, Kranzco Realty Inc., Bala Cynwyd, Pa., Trustee.

Alexander N. Rubin, Jr., Fell, Spalding, Goff & Rubin, Philadelphia, Pa., for trustee, Norman M. Kranzdorf.

Neal D. Colton, Dechert, Price & Rhoads, Philadelphia, Pa., for secured mortgage noteholders in FAMCO.

Edward C. Toole, Jr., Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., and Lawrence R. Scheetz, Richboro, Pa., Co-counsel for creditors' committee in FAMCO.

Elizabeth K. Heinze, Drexel Hill, Pa., Chairwoman, unsecured creditors' committee in FAFCO.


MEMORANDUM OPINION1

EMIL F. GOLDHABER, Bankruptcy Judge:

The evidentiary question before us is whether certain documents (copies of a letter and the return receipts from the mailing of that letter) are admissible over the objection of the defendants. We conclude that those documents are admissible because they have been properly authenticated, they are material and relevant to the issues...

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