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IN RE CUBBLER

Bankruptcy No. 80-03280G, Adv. No. 81-0303G.

17 B.R. 674 (1982)

In re Richard E. CUBBLER and Sharon B. Cubbler, Debtors. Miriam D. CUBBLER and Family Dining, Inc., Plaintiffs, v. Richard E. CUBBLER and Margaret Graham, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

February 12, 1982.

Attorney(s) appearing for the Case

Stuart N. Cohen, Butera, Beausang, Moyer & Cohen, King of Prussia, Pa., for plaintiffs, Miriam D. Cubbler and Family Dining, Inc.

Carole L. McHugh, Thomas J. Turner, III, Philadelphia, Pa., for debtor/defendant, Richard E. Cubbler.

Margaret Graham, Philadelphia, Pa., former standing trustee.

James J. O'Connell, Philadelphia, Pa., present standing trustee.

Leonard J. Cook, Philadelphia, Pa., for B A Business Credit Corp., first mortgagee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented herein is who is entitled to a certain parcel of real property: the debtor and his estate or the debtor's ex-wife and children. We conclude that, although the debtor held the legal title to the property in question at the time he filed his petition under the Bankruptcy Code ("the Code"), that title was subject to the superior, equitable interests of his ex-wife and children and we will, therefore...

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