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IN RE SARAH ALLEN HOME, INC.

Bankruptcy No. 79-1805G.

35 B.R. 362 (1984)

In re SARAH ALLEN HOME, INC., a Pennsylvania non-profit corporation, a/k/a Sarah Allen Nursing Home and Sarah Allen Home for the Aged, Bankrupt. Lucy Hawks HAREWOOD, et al., Plaintiffs, v. The SARAH ALLEN HOME FOR THE AGED, INC. and Samuel M. Brodsky, Trustee in Bankruptcy, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 6, 1984.

Attorney(s) appearing for the Case

Suzanne Reilly, University of Pa. Law School, and Richard P. Weishaupt, Community Legal Services, Sylvania House, Philadelphia, Pa., for plaintiffs, Lucy Hawks Harewood, et al.

Busch & Schramm, Bala Cynwyd, Pa., for bankrupt/defendant, The Sarah Allen Home, Inc.

Charles M. Weisman, Wexler, Weisman, Forman & Shapiro, P.C., Philadelphia, Pa., for defendant/trustee, Samuel M. Brodsky.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether seventy-four (74) alleged former residents ("the plaintiffs") of the Sarah Allen Home, Inc. ("the bankrupt") are entitled to funds which the bankrupt formerly maintained in a separate safe and in a banking account entitled the "Patients' Fund Account ("the PFA"). Because there is no genuine issue of fact concerning the bankrupt's inability...

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