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IN RE BRACKEN

Bankruptcy No. 80-00808G, Adv. Nos. 82-1661G, 82-1781G.

35 B.R. 84 (1983)

In re James J. BRACKEN, Dorothy Bracken, Debtors. MT. VERNON CONSUMER DISCOUNT COMPANY, Plaintiff, v. James BRACKEN and Dorothy Bracken, and Leonard Goldberger, Trustee, Defendants. James J. BRACKEN and Dorothy Bracken, Plaintiffs, v. MT. VERNON CONSUMER DISCOUNT COMPANY, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

December 1, 1983.

Attorney(s) appearing for the Case

Alan B. Liss, Philadelphia, Pa., for plaintiff, Mt. Vernon Consumer Discount Co.

David L. Hill, Philadelphia, Pa., for debtors, James J. Bracken and Dorothy Bracken.

Leonard P. Goldberger, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., Trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

Two issues are embraced by this opinion. Firstly, is the debtor's complaint for avoidance of a mortgage under § 506(a) and (d) of the Bankruptcy Code ("the Code") and secondly is a creditor's complaint for relief from the automatic stay pursuant to § 362(d). For the reasons stated herein we will avoid the mortgage and deny relief from the stay.

The facts of the case are as follows:

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