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IN RE JOHNSTON

Bankruptcy No. 83-2.

37 B.R. 361 (1984)

In re Marjorie JOHNSTON, Debtor.

United States Bankruptcy Court, D. Vermont.

January 18, 1984.

Attorney(s) appearing for the Case

Cortland Corsones, Rutland, Vt., for debtor.

Robert E. Cummings, Jr., Bennington, Vt., for Richard Perrott.

MEMORANDUM AND ORDER

CHARLES J. MARRO, Bankruptcy Judge.

FACTS

On January 4, 1983, the debtor (Johnston) filed for relief under chapter 13 of the Bankruptcy Code (Code). The petition was not filed in good faith but merely to avoid foreclosure proceedings.

On May 20, 1983, Richard V. Perrott (Perrott) obtained relief from the stay of Code section 362(a) in order, as mortgagee of Johnston as mortgagor, to foreclose on certain premises in...

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