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IN RE LEVINE

No. 83 Civ. 677 (MEL).

32 B.R. 742 (1983)

In re Barbara R. LEVINE, Debtor. LINCOLN FIRST BANK, N.A., Plaintiff-Appellee, v. BANKERS TRUST COMPANY, Defendant-Appellant, and Bank of New York, David & Joan Mykoff, City-Trust, Manufacturers Hanover Trust Co., North American Reassurance Co., Jeffrey Sapir and Barbara R. Levine, Defendants.

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

September 7, 1983.

Attorney(s) appearing for the Case

Farrauto, Berman & Fontana, Yonkers, N.Y., for plaintiff-appellee; Richard G. Fontana, Yonkers, N.Y., of counsel.

Harvey Blecher, New York City, for defendant-appellant.

LASKER, District Judge.

Defendant-appellant Bankers Trust Company ("Bankers Trust") appeals from an order of the Honorable Howard Schwartzberg, Bankruptcy Judge, which ruled that the mortgage held by Bankers Trust on the residence of the debtor, Barbara Levine, and her husband, Morris Levine, is unenforceable because not supported by valid consideration.

As set forth in the bankruptcy court's findings of facts, none of which is challenged here, Levine filed...

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