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IN RE SMALL

Bankruptcy No. 85-01960K.

65 B.R. 686 (1986)

In re Gerald W. SMALL, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended October 17, 1986.

Attorney(s) appearing for the Case

Mitchell W. Miller, Philadelphia, Pa., for debtor.

Gary E. McCafferty, Philadelphia, Pa., for Fleet Real Estate Funding.

James J. O'Connell, Philadelphia, Pa., Chapter 13 Standing Trustee.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

This case presents to us the important and pervasive issue of whether a mortgagee may make a claim for interest on arrearages on a residential mortgage from a Chapter 13 debtor, even when the mortgage fails to provide for same. We believe that no provision of the Bankruptcy Code provides the answer and resort to Pennsylvania state law regarding residential mortgages is necessary. We conclude that the pertinent Pennsylvania...

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