IN RE JONES

Bankruptcy No. 92-10586DAS. Adv. No. 94-0710DAS.

179 B.R. 450 (1995)

In re Charles L. JONES, Debtor. Charles L. JONES, Plaintiff, v. GE CAPITAL MORTGAGE COMPANY and Edward Sparkman, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 22, 1995.


Attorney(s) appearing for the Case

Michael D. Ward, Philadelphia, PA, for debtor/plaintiff Charles L. Jones.

Joan Brodsky, Federman & Phelan, Philadelphia, PA, for defendant GE Capital Mortg. Co.

Edward Sparkman, Trustee, Philadelphia, PA.


OPINION

DAVID A. SCHOLL, Chief Judge.

A. INTRODUCTION

The instant adversary proceeding presents the issue of whether a mortgage company may be held liable for damages when it refused to promptly turn over, to the Chapter 13 Debtor or the Standing Chapter 13 Trustee ("the Trustee"), insurance proceeds resulting from postpetition property damage to the Debtor's property. While we agree with the Debtor that the insurance proceeds are property...

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