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IN RE BRASBY

Bankruptcy No. 89-12147F, Adv. Nos. 89-0561F, 89-0562F.

109 B.R. 113 (1990)

In re Gregory BRASBY and Katherine Brasby, Debtors. Gregory BRASBY and Katherine Brasby, Plaintiffs, v. JOSEPH C. PERRY, INC., Joseph C. Perry, Thomas Turner, Esquire and Timothy Gorbey, Esquire, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 2, 1990.

Attorney(s) appearing for the Case

Roger V. Ashodian, Delaware County Legal Assistance Ass'n, Chester, Pa., for debtors/plaintiffs, Gregory Brasby and Katherine Brasby.

Timothy J. Gorbey, Gorbey & Gorbey, Media, Pa., for defendants, Joseph C. Perry, Inc., Joseph C. Perry, Thomas Turner, and Timothy Gorbey.

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

OPINION

BRUCE I. FOX, Bankruptcy Judge:

In an ardent attempt to avoid the loss of their home, the debtors have brought a number of matters to this bankruptcy court for resolution. Prior to their filing a voluntary petition in bankruptcy on June 9, 1989, the debtors' home had been sold at a foreclosure sale by the second mortgagee, Joseph C. Perry, Inc. In this circuit, such a prebankruptcy sale would terminate a chapter 13 debtor's ability to cure any mortgage...

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