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IN RE MADISON

Bankruptcy No. 83-01573G, Adv. No. 83-1524G.

42 B.R. 302 (1984)

In re Evelyn MADISON, Debtor. Evelyn MADISON, Plaintiff, v. The UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: Samuel R. Pierce, Jr., Secretary of the United States Department of Housing & Urban Development; Joseph Mallon, Chief Loan Management Branch, Philadelphia Area Office, United States Department of Housing and Urban Development; New York Guardian Mortgage Corporation, a New York Corporation; and James J. O'Connell, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

September 17, 1984.

Attorney(s) appearing for the Case

Michael Donahue, Delaware County Legal Assistance Ass'n., Chester, Pa., for debtor/plaintiff, Evelyn Madison.

Virginia R. Powel, Asst. U.S. Atty., Philadelphia, Pa., for defendant, U.S. Dept. of Housing and Urban Development.

James J. O'Connell, Philadelphia, Pa., defendant/Trustee under Chapter 13.

Samuel M. Brodsky, Philadelphia, Pa., Trustee under Chapter 7.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The issue at bench is whether an agency action denying a debtor's mortgage assignment application withstands judicial review. The question is presented on the cross-motions of the debtor and the agency for summary judgment under Fed.R.Civ.P. 56 which is incorporated in this proceeding through Bankruptcy Rule 7056. For the reasons stated herein, we conclude that the agency determination was appropriate and will, therefore...

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