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IN RE BUTCHMAN

Bankruptcy No. 80 B 20137.

4 B.R. 379 (1980)

In re David B. BUTCHMAN, Suzanne M. Butchman, Debtors.

United States Bankruptcy Court, S.D. New York.

June 4, 1980.

Attorney(s) appearing for the Case

Gerald A. Kagan, New York City, for debtors.

Cyril T. McDermott, Peekskill, N.Y., for Peekskill Sav. Bank.

DECISION ON MOTION BROUGHT BY PEEKSKILL SAVINGS BANK TO HAVE CHAPTER 13 PETITION DISMISSED

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The Peekskill Savings Bank [Peekskill], as the holder of a consolidated first mortgage on the home of the above-named debtors in this Chapter 13 case, has objected to the confirmation of their plan and seeks a dismissal of the case on the ground that a foreclosure sale took place before the filing of the Chapter 13 case.

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