IN RE KALKSTEIN

Bankruptcy No. 82-00120G, Adv. No. 82-1427G.

31 B.R. 533 (1983)

In re David KALKSTEIN, Debtor. MAIN LINE FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff, v. David KALKSTEIN, Debtor, and James J. O'Connell, Esquire, Trustee, Defendants, and Ellen Kalkstein, Intervenor.

United States Bankruptcy Court, E.D. Pennsylvania.

July 18, 1983.


Attorney(s) appearing for the Case

Paul F. D'Emilio, Bala Cynwyd, Pa., for plaintiff, Main Line Federal Sav. and Loan Ass'n.

Stephen H. Frishberg, Norristown, Pa., for debtor/defendant, David Kalkstein.

James J. O'Connell, Philadelphia, Pa., standing chapter 13 trustee.

Joseph G. Murray, Philadelphia, Pa., for standing chapter 13 trustee, James J. O'Connell.

Arnold Machles, Philadelphia, Pa., for intervenor, Ellen Kalkstein.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue sub judice is whether the debtor and his wife failed to comply with the terms of a stipulation executed by the mortgagee, the debtor and the debtor's wife thereby permitting the mortgagee to exercise its rights thereunder and proceed with mortgage foreclosure against the residence in question. We conclude that the unambiguous provisions of the stipulation have been complied with by the debtor...

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