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IN RE SMITH

Bankruptcy No. 81-04190G, Adv. No. 81-16666G.

59 B.R. 298 (1986)

In re Johnnie Mae SMITH, Debtor. Johnnie Mae SMITH, Plaintiff, v. COMMERCIAL BANKING CORP., Buffalo Savings Bank, and its Servicing Agent, Fidelity Bond and Mortgage Company, and James J. O'Connell, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

April 11, 1986.

Attorney(s) appearing for the Case

Hazel M. Mack, Eric L. Frank, Community Legal Services, Inc., Philadelphia, Pa., for debtor/plaintiff, Johnnie Mae Smith.

Andrew N. Schwartz, Philadelphia, Pa., for defendant, Commercial Banking Corp.

Joseph A. Goldbeck, Jr., Philadelphia, Pa., for defendant, Buffalo Sav. Bank and its Servicing Agent Fidelity Bond and Mortg. Co.

James J. O'Connell, Philadelphia, Pa., Trustee/defendant.

OPINION

EMIL F. GOLDHABER, Chief Judge:

At the heart of this dispute the question is whether the debtor is entitled to damages for the foreclosure of a mortgage on a parcel of her realty when she did not receive notice of the foreclosure until shortly before the sheriff's sale. For the reason stated herein, we will deny the debtor's request for damages.

The facts of this case are as follows:1 The debtor purchased a parcel...

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