Maya v. Philadelphia Gas Works (In Re Maya)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the debtors have stated a cause of action under 42 U.S.C. § 1983 in the sixth claim of their complaint wherein they allege that the defendants have, under the color of law, violated the debtors’ rights under the Bankruptcy Code. We conclude that the debtors’ claim does state a cause of action and further, that we have jurisdiction to decide that claim.

The facts of the instant case are as follows: 1 On December 21, 1979, Thomas R. Maya and Margaret A. Maya (“the debtors”) applied for and were found eligible for benefits…