IN RE ASSMANN

Bankruptcy No. 81-02189G.

19 B.R. 960 (1982)

In re Hardy ASSMANN, Gabriela Assmann, Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

May 11, 1982.


Attorney(s) appearing for the Case

Jack K. Miller, Philadelphia, Pa., for the debtors, Hardy Assmann and Gabriela Assmann.

Emory W. Buck, Lansdale, Pa., for Sentry Consumer Discount Co.

Stanton C. Kelton, III, Wood & Floge, Bensalem, Pa., for AVCO Financial Services.

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


OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge:

The issue presented is which of two creditors, holding mortgages on the debtors' residence, is entitled to priority in the proceeds of the sale of that residence. We conclude that, as between the two creditors, the third mortgagee is entitled to priority over the second mortgagee because it had paid to the second mortgagee the amount due on the second mortgage although that mortgage was never marked satisfied...

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