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IN RE BURGESS

Bankruptcy No. MM13-90-00165.

138 B.R. 56 (1991)

In re Arthur L. and Gloria R. BURGESS, Debtors.

United States Bankruptcy Court, W.D. Wisconsin.

July 8, 1991.

Attorney(s) appearing for the Case

Mary Catherine Fons, UAW-GM Legal Services Plan, Janesville, Wis., for debtors.

Robert L. Hersh, Mequon, Wis., for Mortgage Default Services.

William A. Chatterton, Ross & Chatterton, Madison, Wis., trustee.

MEMORANDUM DECISION

ROBERT D. MARTIN, Chief Judge.

I.

Arthur L. and Gloria R. Burgess own a house in Beloit, Wisconsin, which is subject to a real estate mortgage securing a debt to Mortgage Default Services ("MDS"). There is no other security for the debt.

On January 22, 1990, the Burgesses filed a joint petition under Chapter 13 of the Bankruptcy Code. In their schedules, the debtors claim their house as a homestead and list its value...

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