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IN RE TARBUCK

Bankruptcy No. 01-29836, Motion No. 03-0400.

304 B.R. 718 (2004)

In re Michael D. TARBUCK, Debtor. Dollar Bank, FSB, Movant, v. Michael D. Tarbuck and Gary L. Smith, Respondents.

United States Bankruptcy Court, W.D. Pennsylvania.

February 2, 2004.

Attorney(s) appearing for the Case

Michael D. Tarbuck, Washington, PA, pro se.

Gary L. Smith, Pittsburgh, PA, trustee.

MEMORANDUM OPINION1

JUDITH K. FITZGERALD, Chief Judge.

The matter before the court is Dollar Bank's motion for relief from the automatic stay to exercise a right of setoff against a passbook account with respect to a debt owed under a note and mortgage which was not satisfied in full by a foreclosure proceeding.

FACTS

In May of 1994, Debtor and his nondebtor...

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