Moore v. Philadelphia National Bank (In re Moore)

OPINION AND ORDER

BRUCE FOX, Bankruptcy Judge:

The debtor, LeRoy Moore, initiated an adversary proceeding against Philadelphia National Bank, (PNB), and the standing chapter 13 trustee. Moore had claimed as exempt, under 11 U.S.C. § 522(b), all funds on deposit in his passbook account with PNB, and is now asserting that PNB permitted unauthorized withdrawals from his account in April and May 1986. The debtor seeks damages for the total amount so withdrawn, $1,532.00. PNB denies that there were any unauthorized withdrawals.

Before turning to the merits, I must address, briefly, the issue of…