IN RE GILLEN

Bankruptcy No. 84-01519G, Adv. No. 85-0616G.

58 B.R. 546 (1986)

In re Sue C. GILLEN, Debtor. Sue C. GILLEN, Plaintiff, v. BANKERS MORTGAGE CORPORATION, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

March 27, 1986.


Attorney(s) appearing for the Case

Gary M. Perkiss, Pozzuolo & Perkiss, Philadelphia, Pa., for debtor/plaintiff, Sue C. Gillen.

Gary E. McCafferty, Philadelphia, Pa., for defendant, Bankers Mortg. Corp.

Samuel M. Brodsky, Philadelphia, Pa., Trustee.


OPINION

EMIL F. GOLDHABER, Chief Judge:

As the vortex of the dispute in this case, the issue is whether payments to a creditor under a chapter 13 plan which is funded by postpetition wages, may be recovered by the debtor after conversion of the case to chapter 7. For the reasons stated herein, we conclude that the payments may be recovered.

The facts of this case are as follows:1 The debtor borrowed funds from Bankers...

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