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IN RE MAYA

Bankruptcy No. 80-00011G, Adv. No. 80-0215G.

8 B.R. 202 (1981)

In re Thomas R. MAYA and Margaret A. Maya, h/w, Debtors. Thomas P. MAYA and Margaret A. Maya, h/w, Plaintiffs, v. PHILADELPHIA GAS WORKS, Philadelphia Facilities Management Corporation, Alfred P. Degen in his official capacity as Vice President of Philadelphia Facilities Management Corporation and Philadelphia Gas Works and A. Jack Egan in his capacity as Collection Manager of Philadelphia Facilities Management Corporation and Philadelphia Gas Works, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 16, 1981.

Attorney(s) appearing for the Case

Henry J. Sommer, Eric L. Frank, Community Legal Services, Inc., Philadelphia, Pa., for plaintiffs, Thomas P. Maya and Margaret A. Maya.

James W. Christie, James M. Penny, Jr., Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for defendants, Philadelphia Gas Works, Philadelphia Facilities Management Corp., Alfred P. Degen and A. Jack Egan.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the debtors have stated a cause of action under 42 U.S.C. § 1983 in the sixth claim of their complaint wherein they allege that the defendants have, under the color of law, violated the debtors' rights under the Bankruptcy Code. We conclude that the debtors' claim does state a cause of action and further, that we have jurisdiction to decide that claim.

The facts of the...

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