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IN RE KIRBY

Bankruptcy No. 80-02516G, Adv. No. 81-0066G.

9 B.R. 901 (1981)

In re Maxine KIRBY a/k/a Maxine Kirby Rodriguez, Trustee, Debtor. PROVIDENT NATIONAL BANK, Plaintiff, v. Maxine KIRBY a/k/a Maxine Kirby Rodriguez, Trustee, and Margaret Graham, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 27, 1981.

Attorney(s) appearing for the Case

Brett K. Kunin, Philadelphia, Pa., for plaintiff, Provident National Bank.

Stokes E. Mott, Jr., S. Simpson Gray, Philadelphia, Pa., for debtor/defendant, Maxine Kirby a/k/a Maxine Kirby Rodriguez, trustee.

Margaret Graham, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue which confronts us in the case at bench is whether a debtor who owns property as a fiduciary may file a petition under chapter 13 both as an individual and as a trustee where she does not earn any income as trustee but only in her individual capacity. We conclude that she may not because, as a trustee, she is not "an individual with a regular source of income" as required by § 109(e) of the Bankruptcy...

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