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HOME OWNERS FUNDING CORP. OF AMERICA v. BELANGER

No. 90-561-CIV-5-D.

128 B.R. 142 (1990)

In re HOME OWNERS FUNDING CORPORATION OF AMERICA, Appellant, v. Budd George BELANGER and Janice Leigh Belanger, Appellees.

United States District Court, E.D. North Carolina, Raleigh Division.

November 27, 1990.

Attorney(s) appearing for the Case

Theodore A. Nodell, Jr., Raleigh, N.C., for Home Owners Funding Corp.

John T. Orcutt, Raleigh, N.C., for debtor.

Holmes P. Harden, Raleigh, N.C., for trustee.

ORDER

DUPREE, District Judge.

Plaintiff-creditor filed a motion with the United States Bankruptcy Court for the Eastern District of North Carolina requesting an order to compel defendant-Chapter 7 debtors to reaffirm, redeem or surrender collateral pursuant to 11 U.S.C. § 521(2)(A). The court denied the motion and entered defendants' discharge in bankruptcy, holding that debtors had fulfilled their obligation under Section 521 by giving plaintiff notice...

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