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IN RE BETINSKY

Bankruptcy No. 84-02302G, Adv. No. 84-0866G.

45 B.R. 244 (1984)

In re Allen J. BETINSKY and Eilene R. Betinsky, Debtors. Allen J. BETINSKY, Eilene R. Betinsky, Plaintiffs, v. CONTINENTAL BANK, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

December 28, 1984.

Attorney(s) appearing for the Case

Nathan Lavine, Gary M. Schildhorn, Gary D. Bressler, Adelman, Lavine, Krasny, Gold & Levin, Philadelphia, Pa., for debtors/plaintiffs, Allen J. Betinsky and Eilene R. Betinsky.

Andrew D. Bershad, Michael G. Neri, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for defendant, Continental Bank.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The predominant issue before us is whether we should grant that aspect of a creditor's motion to dismiss one count of the debtors' complaint in which the debtors seek to open a state court judgment against them without having alleged that the judgment was a product of fraud, collusion, duress or a lack of jurisdiction. For the reasons stated herein we conclude that we may not open the judgment and we will grant that...

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