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IN RE PAOLINO

Bankruptcy No. 85-00759G.

61 B.R. 607 (1986)

In re Richard G. PAOLINO and Elaine M. Paolino, Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

June 26, 1986.

Attorney(s) appearing for the Case

Barbara Lanza Farley, Philadelphia, Pa., for movant, Medical Funding Corp.

Kenneth F. Carobus, Morris & Adelman, Philadelphia, Pa., for petitioning creditors.

Werner H. Von Rosenstiel, Philadelphia, Pa., for Federal Nat. Mortg. Ass'n.

Myron Bloom, Adelman, Lavine, Krasny, Gold & Levin, Philadelphia, Pa., for Univest Mortg. Co. and Union Nat. Bank and Trust Co.

Horace A. Stern, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The question for resolution is whether a second mortgagee may successfully demand payment on its mortgage from a portion of the rental income generated by property encumbered by the mortgage, prior to satisfaction of all postpetition arrearages owed to a first mortgagee on the property. For the reasons stated below, we conclude that the second mortgagee is not entitled to any portion of the rental income until the...

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