FED. NAT'L v. MILLER


123 Misc.2d 431 (1984)

Federal National Mortgage Association, Plaintiff, v. Ann M. Miller et al., Defendants.

Supreme Court, Special Term, Nassau County.

March 13, 1984


Attorney(s) appearing for the Case

Aliano, Maddalone & Morris for Ann M. Miller, defendant. Walter L. Post and Robert M. Post for plaintiff.


ELI WAGER, J.

The issue raised on this motion by the defendant mortgagor for an order vacating a judgment of foreclosure and canceling the deed delivered to the plaintiff mortgagee is whether the foreclosure proceeding commenced prior to the filing of the defendant's chapter 13 bankruptcy petition survived the chapter 13 plan. (US Code, tit 11, ch 13.)

The plaintiff's complaint served on December 13, 1980, asserts that by virtue of defendant's...

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