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IN RE TERKELTAUB

Bankruptcy No. 5-89-00220, Adv. No. 5-90-0018.

117 B.R. 47 (1990)

In re Sol TERKELTAUB, Debtor. Joseph MALONEY, Trustee, Plaintiff, v. AMERICAN NATIONAL BANK, Defendant.

United States Bankruptcy Court, D. Connecticut.

August 3, 1990.

Attorney(s) appearing for the Case

David M.S. Shaiken, Reid and Riege, P.C., Hartford, Conn., for plaintiff.

Kevin L. Burns, Owens, Schine, Nicola & Donahue, Bridgeport, Conn., for defendant.

MEMORANDUM AND DECISION ON COMPLAINT TO AVOID MORTGAGES UNDER CODE § 544(a)(1)

ALAN H.W. SHIFF, Bankruptcy Judge.

I.

The parties have stipulated to the following facts. On January 13, 1988, the debtor and Carole Lynn Terkeltaub purchased real estate located at 12 Beachside Common, Westport, Connecticut, and on January 18, 1988, they gave the defendant a $500,000.00 mortgage deed on that property (the "Prepetition Mortgage"). On January 19, 1988...

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