IN RE TARAS

Bankruptcy No. 91-13110S, Adv. No. 91-0880S.

136 B.R. 941 (1992)

In re John A. TARAS, Joanne Taras, Debtors. John A. TARAS, Joanne Taras, Plaintiffs, v. COMMONWEALTH MORTGAGE CORP. OF AMERICA, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 12, 1992.


Attorney(s) appearing for the Case

John T. Tolbert, Chester, Pa., for debtors.

Leslie J. Carson, Philadelphia, Pa., for Commonwealth Mortg. Corp. of America.

Edward Sparkman, Philadelphia, Pa., Trustee.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant proceeding causes us to consider, principally, the concepts of res judicata and stare decisis in the context of whether the recent decisions of the United States Supreme Court in Dewsnup v. Timm, ___ U.S. ___, 112 S.Ct. 773, 116 L.Ed.2d 903, 22 B.C.D. 750 (1992), and of the Third Circuit Court of Appeals ("the Third Circuit") in First Nat'l Fidelity Corp...

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