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IN RE HIBBERT

Bankruptcy No. 881-82069.

14 B.R. 891 (1981)

In Re Phillip Leopold HIBBERT, and Ivy Hibbert, Debtors.

United States Bankruptcy Court, E.D. New York, at Westbury.

October 16, 1981.

Attorney(s) appearing for the Case

Bernard Greco, Jericho, N.Y., for debtors.

Philip Aaron, P.C., Jericho, N.Y., for Emigrant Sav. Bank; Stuart Gelberg, Jericho, of counsel.

ROBERT JOHN HALL, Bankruptcy Judge.

Background

On June 17, 1981, Phillip and Ivy Hibbert (the "Debtors") filed a joint petition under Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 1301 et seq. (Supp. III 1979). Emigrant Savings Bank ("Emigrant") was scheduled as a secured creditor holding the mortgage on the Debtors' principal residence which was then in foreclosure. The Debtors listed a $7,000 default representing mortgage arrears...

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