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IN RE RICE

Bankruptcy No. 89-14047S.

126 B.R. 189 (1991)

In re Sharon Iris RICE a/k/a Sharon I. Rice, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

April 19, 1991.

Attorney(s) appearing for the Case

Berneter Mallory, Philadelphia, Pa., for debtor.

Lawrence T. Phelan, Philadelphia, Pa., trustee.

David B. Comroe, Lipman, Freiberg, Comroe & Hing, Philadelphia, Pa., for Fleet Consumer Discount Co.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

In its present procedural posture as an apparent motion of the Debtor seeking to avoid a mortgage pursuant to 11 U.S.C. § 522(f)(1), it is clear that we must deny relief to the Debtor in this contested matter. However, we recognize that the Debtor could refile this matter in the posture of an adversary proceeding attacking the mortgage in the shoes of the Trustee, pursuant to 11 U.S...

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