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IN RE DuFRAYNE

Bankruptcy No. 94-14932SR. Adv. No. 95-831.

194 B.R. 354 (1996)

In re Mark Joseph DuFRAYNE, Rosemary DuFrayne, Debtors. Mark Joseph DuFRAYNE, Rosemary DuFrayne, Plaintiffs, v. FTB MORTGAGE SERVICES, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

April 4, 1996.

Attorney(s) appearing for the Case

Robert P. Frank, Tobey M. Daluz, Reed Smith Shaw & McClay, Philadelphia, PA, for debtors.

Peter C. Cilio, Federman & Phelan, Philadelphia, PA.

Michael L. Krancer, David M.M. Taffet, Blank Rome Comisky & McCauley, Philadelphia, PA.

Frederic J. Baker, Senior Assistant United States Trustee, Office of the U.S. Trustee, Philadelphia, PA.

OPINION

STEPHEN RASLAVICH, Bankruptcy Judge.

INTRODUCTION

Presently before the Court is the motion of secured creditor FTB Mortgage Services, Inc. ("FTB") to dismiss Counts I, II and III of the Complaint filed by joint debtors Mark and Rosemary DuFrayne ("Debtors"). FTB moves to dismiss these counts pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure ("Fed.R.Civ.P.")1 on the basis...

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