IN RE MAMMOSER

Bankruptcy No. 88-12596 M, Civ. No. 89-1518 C.

115 B.R. 758 (1990)

In re Allen & Jean MAMMOSER, Debtors.

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

July 11, 1990.


Attorney(s) appearing for the Case

Aaron, Dautch, Sternberg & Lawson, David S. Lewandowski, Buffalo, N.Y., for debtors.

Watson, McGarvey, et al., Jason Joyce, Buffalo, N.Y., for Norstar Bank.

Edwin R. Ilardo, Hamburg, N.Y., Trustee.


BERYL E. McGUIRE, Chief Judge.

On March 20, 1989, the Chapter 7 debtors moved pursuant to subdivisions (a) and (d) of section 506, Title 11 U.S.C., to avoid the liens of four judgment creditors on non-residential real estate which they owned. It was claimed that the property was overencumbered and that the judgments were not supported by value. At a hearing held on April 10, 1989, the motion was denied as not authorized by law. An order denying the motion was entered...

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