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IN RE HERBERT

Bankruptcy No. 87-02650S, Adv. No. 88-0046S.

86 B.R. 433 (1988)

In re Namie HERBERT a/k/a Tammy Herbert, Debtor. Namie HERBERT a/k/a Tammy Herbert, Plaintiff, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION and GMAC Mortgage Corporation, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

May 26, 1988.

Attorney(s) appearing for the Case

Irwin Trauss, Community Legal Services, Inc., Philadelphia, Pa., for debtor/plaintiff.

Thomas I. Puleo, Philadelphia, Pa., for defendant.

Edward Sparkman, Philadelphia, Pa., Standing Chapter 13 Trustee.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

We herein address an adversary proceeding attacking a Proof of Claim and a Motion to Disburse Proceeds from Sale of Real Estate filed by the Debtor's mortgagee in the main bankruptcy case which present the same question: how much of the proceeds of a post-petition sale of the Debtor's realty is the mortgagee entitled? We conclude as follows: (1) The...

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