Panas v. Polonia Savings & Loan Ass'n (In Re Panas)

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The instant proceeding causes us to address the rights of a mortgagee in possession of certain residential realty, and the ability of a debtor-mortgagor to regain possession of that realty by means of a turnover proceeding under 11 U.S.C. § 542(a). We conclude that the Mortgagee here, although otherwise obliged to comply with a Pennsylvania statute requiring notice prior to taking possession of the realty, was excused from same due to the abandonment of the property by the Debtor and his ex-wife-co-mortgagor. Hence, we conclude that the Mortgagee acted…