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IN RE HALL

Bankruptcy No. 83-03798G, Adv. No. 83-2218G.

55 B.R. 207 (1985)

In re Adolphus HALL and Helen Marie Hall, his wife, Debtors. Adolphus and Helen HALL, Plaintiffs, v. The UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; Samuel R. Pierce, Jr., Secretary of the U.S. Department of H.U.D.; Harry Dougherty, Chief Loan Management Branch, Philadelphia Area Office; V.N.B. Mortgage Company; and Jonathan Ganz, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

November 20, 1985.

Attorney(s) appearing for the Case

Michael Donahue, Delaware County Legal Assistance Ass'n, Chester, Pa., for debtor/plaintiffs, Adolphus Hall and Helen Hall.

Virginia R. Powel, Asst. U.S. Atty., Philadelphia, Pa., for defendants (United States instrumentalities only).

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

OPINION

EMIL F. GOLDHABER, Chief Judge:

The point for decision is whether we should award attorneys' fees to the debtors' counsel and against the United States under the Equal Access to Justice Act due to an initial decision by the Department of Housing and Urban Development ("HUD") refusing assignment of a mortgage on the debtors' home in light of its later acquiescence to assignment. For the reasons set forth herein, we conclude that under this statute...

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