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MATTER OF GARNER

Bankruptcy Nos. 81-B-20336, 81-Adv-6093.

13 B.R. 799 (1981)

In the Matter of Leonard K. GARNER and Sallie G. Garner, Debtors.

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

August 28, 1981.

Attorney(s) appearing for the Case

Spodek & Schklair, New York City, for debtors; David B. Gilbert, of counsel.

Walter L. and Robert M. Post, Hicksville, N.Y., for Dale Funding Corp.

DECISION ON COMPLAINT OF DALE FUNDING CORPORATION FOR RELIEF FROM THE AUTOMATIC STAY.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This Chapter 13 case illustrates how a secured claim against the debtors' principal residence, which could not be modified under Code § 1322(b)(2), may nevertheless be subject to a cram-down to the value of the collateral. The mortgagee foreclosed upon the property and obtained a judgment of foreclosure prior to the filing of the...

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