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FIRST FED. SAV. & LOAN ASS'N OF ROCHESTER v. BROWN

86 A.D.2d 963 (1982)

First Federal Savings & Loan Association of Rochester, Plaintiff, v. Robert N. Brown et al., Defendants, and Barbara B. Brown, Appellant, and Virginia M. Dellinger, Doing Business as Dellinger Art and Antiques, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 26, 1982

Order unanimously affirmed, with costs.

Memorandum:

Respondent Dellinger seeks to enforce a money judgment against surplus money which resulted from a mortgage foreclosure sale. The judgment was obtained prior to the filing of a bankruptcy petition by appellant Brown, the owner of the equity of redemption, who claims the surplus money as exempt under the Bankruptcy Code (US Code, tit 11, § 522, subd [d], par [1]). The filing of a bankruptcy petition operates...

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