IN RE BRADY

Bankruptcy No. 81-00638G, Adv. No. 82-0821G.

35 B.R. 551 (1983)

In re Jane F. BRADY, formerly known as Mary Jane Brady, Jane Brady Gerhart, Debtor. Jane F. BRADY and James J. O'Connell, Standing Trustee, Plaintiffs, v. TOBIAS KNOBLAUCH PRIVATE BANK, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

November 30, 1983.


Attorney(s) appearing for the Case

David S. Foulke, Spring House, Pa., for plaintiff/debtor, Jane F. Brady.

James J. O'Connell, Philadelphia, Pa., Chapter 13 Standing Trustee, plaintiff.

James R. Wendelgass, Philadelphia, Pa., for defendant, Tobias Knoblauch Private Bank.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue in the case sub judice is whether the defendant-bank's proof of claim should be disallowed because said claim arises out of a promissory note signed by the debtor but for which the debtor alleges there was a failure of consideration. Because we find that the debtor did not intend to give the note as payment for a pre-existing obligation of a third party and since the defendant-bank extinguished...

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