IN RE FISHER

Civ.A. No. 03-CV-4666.

320 B.R. 52 (2005)

In re Raydell FISHER, Debtor in Possession, Raydell Fisher and Edward Sparkman, Trustee, Appellants, v. Advanta Finance Corp., Appellee.

United States District Court, E.D. Pennsylvania.

January 20, 2005.


Attorney(s) appearing for the Case

David A. Scholl, Newtown Square, PA, for Plaintiff.

Edward Sparkman, Philadelphia, PA, United States Trustee.

Aliza R. Karetnick, Dana B. Klinges, Wolf Block Schorr and Solis-Cohen L.L.P., Philadelphia, PA, for Defendant.


MEMORANDUM OPINION

PRATTER, District Judge.

I. PROCEDURAL HISTORY AND SUMMARY RULING

This case involves a debtor's and the bankruptcy trustee's (collectively, the "Plaintiffs" or "Appellants") attempt to avoid foreclosure on a parcel of real property, including a personal residence, pursuant to the protections provided by the United states bankruptcy code, specifically 11 U.S.C. §§ 544(A)(3) AND (B)(1) (the "code").

The...

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