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IN RE RICE

Bankruptcy No. 89-14047S, Adv. No. 91-0350S.

133 B.R. 722 (1991)

In re Sharon Iris RICE a/k/a Sharon I. Rice, Debtor. Lawrence PHELAN, United States Trustee, Plaintiff, v. FLEET CONSUMER DISCOUNT CO., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

November 21, 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 defendant.

Frederic Baker, Asst. U.S. Trustee, Philadelphia, Pa.

SUPPLEMENTAL OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant proceeding requires us to decide the issue of whether a debtor-mortgagor, standing in the shoes of a bankruptcy trustee, pursuant to 11 U.S.C. §§ 522(h), 522(g)(1), and 544(a), may avoid a duly-recorded mortgage, which is not defective on its face, when the mortgage has not been acknowledged before an officer authorized to make such an acknowledgment. We...

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