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IN RE LOPEZ

Bankruptcy No. 86-05224S, Adv. No. 87-0287S.

75 B.R. 961 (1987)

In re Bonifacio LOPEZ, Debtor. Bonifacio LOPEZ, Plaintiff, v. BENEFICIAL MUTUAL SAVINGS BANK, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

July 22, 1987.

Attorney(s) appearing for the Case

Michal Fox, Philadelphia, Pa., for debtor/plaintiff.

Kevin Boyle, Philadelphia, Pa., for defendant.

Edward Sparkman, Philadelphia, Pa., standing Chapter 13 trustee.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION AND PROCEDURAL HISTORY

The instant Adversary proceeding, in the form of a Complaint objecting to the Proof of Claim of the Debtor's Mortgagee and seeking to determine the validity of the Mortgagee's secured status, presents two questions which we have not addressed in prior Opinions: (1) What "value" should be used in determining secured status: the fair market value of the mortgaged premises...

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