IN RE EVERETT

Bankruptcy No. 84-02071G, Adv. No. 84-1284G.

48 B.R. 618 (1985)

In re Pamela J. EVERETT, Debtor. Pamela J. EVERETT, Plaintiff, v. KIRK MORTGAGE COMPANY and Government National Mortgage Association, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

April 24, 1985.


Attorney(s) appearing for the Case

Bruce Fox, Community Legal Services, Inc., Philadelphia, Pa., for plaintiff, Pamela J. Everett.

Frank Federman, Lawrence T. Phelan, Federman & Phelan, Philadelphia, Pa., for defendants, Kirk Mortgage Company and Government National Mortgage Association.

James J. O'Connell, Philadelphia, Pa., trustee.


OPINION

EMIL F. GOLDHABER, Chief Judge:

The query arising in the controversy before us is whether, under 11 U.S.C. § 506(a) and (d) of the Bankruptcy Code ("the Code"), the debtor may avoid a mortgage on a parcel of her realty to the extent that the encumbrance exceeds the fair market value of her property. Based on the reasons set forth below, we conclude that the mortgage is avoidable insofar as that security interest exceeds the value of the property...

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