IN RE HIRSH

Bankruptcy No. 80-00788G, Adversary No. 80-0606G.

8 B.R. 234 (1981)

In re Albert HIRSH and Florence Hirsh, his wife, individually and as tenants by the entireties, Debtors. Albert HIRSH and Florence Hirsh, h/w, Plaintiffs, v. Jonathan H. GANZ, Esquire, Interim Trustee and Home Unity Savings & Loan Association and Continental Bank and Albert Kornberg and D.J. Malatesta Associates, Inc. and Joseph F. & Gloria D. Brody and Claude A. Benevento, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 23, 1981.


Attorney(s) appearing for the Case

Marvin Krasny, Philadelphia, Pa., for debtors, Albert Hirsh and Florence Hirsh, his wife.

Jonathan H. Ganz, Philadelphia, Pa., Interim Trustee.

Albert Schlessinger, Philadelphia, Pa., for defendant, Albert Kornberg.

Arthur S. Klein, Ambler, Pa., for defendant, D.J. Malatesta Associates, Inc.

Barton L. Post, Post & Schell, P.A., Philadelphia, Pa., for Joseph F. and Gloria D. Brody, defendants.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The problem confronting us in the case at bench is whether a judgment creditor, whose lien on the debtors' residence has been avoided by an action brought by said debtors, has standing to require those debtors to bring an action to avoid a mortgagee's lien on that property.

The facts of the instant case are as follows:1 On April 15, 1980, Albert and Florence Hirsh ("the debtors...

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