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IN RE PRUITT

Bankruptcy No. 186-60529-352, Adv. No. 186-0051.

72 B.R. 436 (1987)

In re Eddie M. PRUITT a/k/a Eddie Marion Pruitt, Debtor. Eddie M. PRUITT a/k/a Eddie Marion Pruitt and Michael J. Macco, Trustee, v. GRAMATAN INVESTORS CORP., Leo Kaufman, Milton Berlin and Thomas P. Phelan, Defendants.

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

April 15, 1987.

Attorney(s) appearing for the Case

Horwitz & Associates, New York City, for debtor.

Freeman, Hyman & Diamond, P.C., Garden City, N.Y., for Gramatan Investors Corp.

Stim & Warmuth, P.C., Huntington, N.Y., for Milton Berlin and Leo Kaufman.

Michael J. Macco, Melville, N.Y., Trustee.

DECISION

MARVIN A. HOLLAND, Bankruptcy Judge:

The debtor in this Chapter 13 case1 seeks to avoid a mortgage foreclosure on its real property based upon the analysis set forth in Durrett v. Washington Nat. Ins. Co., 621 F.2d 201 (5th Cir.1980) and its progeny. Prior to addressing the merits of the debtor's claim, the court must determine whether a Chapter 13 trustee may exercise a trustee...

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