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IN RE BELL

Bankruptcy No. 01-14420 KJC. Adversary No. 01-392 KJC.

314 B.R. 54 (2004)

In re Maxine B. BELL, Debtor. Maxine B. Bell, and Edward Sparkman, Trustee, Plaintiffs v. Parkway Mortgage, Inc., and Stephen Flacco, t/a WHARTON Investments Network, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

September 9, 2004.

Attorney(s) appearing for the Case

Maxine B. Bell, Philadelphia, PA, for Debtor.

David A. Scholl, Esquire, Newtown Square, PA, for Debtor/Plaintiffs.

William Miller, Philadelphia, PA, for Trustee.

Alan C. Gershenson, Esquire, Philadelphia, PA, Anthony M. Pugliese, Esquire, Madden, Madden, & Del Duca, Haddonfield, NJ, for Defendants.

MEMORANDUM OPINION1

KEVIN J. CAREY, Bankruptcy Judge.

A. Background.

On May 30, 2001, Maxine B. Bell (the "Debtor") and the chapter 13 trustee Edward Sparkman (together, the "Plaintiffs") commenced this adversary proceeding by filing a complaint against Parkway Mortgage, Inc. ("Parkway") and Stephen Flacco, t/a Wharton Mortgage Investments ("Wharton"). In her complaint, the Debtor claimed that her loan with...

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