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IN RE LAUBACH

Bankruptcy No. 87-00899S, Adv. No. 87-0372S.

77 B.R. 483 (1987)

In re Mary T. LAUBACH, Debtor. Mary T. LAUBACH, Plaintiff, v. FIDELITY CONSUMER DISCOUNT CO. & Edward Sparkman, Esq., Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

September 2, 1987.

Attorney(s) appearing for the Case

Lawrence T. Phelan, Philadelphia, for defendant/Fidelity Consumer Discount Co.

David A. Searles, Community Legal Services, Inc., Philadelphia, Pa., for plaintiff/debtor.

Edward Sparkman, Trustee, Philadelphia, Pa.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The Motion before us in the instant case raises close and provocative questions regarding the impact of claim preclusion by means of a subset of res judicata, i.e., the doctrine of merger. We hold that all of the claims arising out of a single financing transaction must be raised in single action, or they will be barred by merger. However, we do not believe that claims arising out of a subsequent purported rescission...

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