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IN RE GAYLOR

Bankruptcy No. 90-09271, Adv. No. 90-9069.

123 B.R. 236 (1991)

In re Gregory F. GAYLOR and Diana L. Gaylor, Debtors. FIRST OF AMERICA BANK, Plaintiff, v. Gregory F. GAYLOR and Diana L. Gaylor, Defendants.

United States Bankruptcy Court, E.D. Michigan, N.D.

January 25, 1991.

Attorney(s) appearing for the Case

Marshall D. Schultz, James Thomas, for plaintiff.

Jack A. Weinstein, for defendants.

MEMORANDUM OPINION ON PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM

ARTHUR J. SPECTOR, Bankruptcy Judge.

The issue here is whether a chapter 7 debtor can force a creditor holding a mortgage on real property of the estate to accept less than the full balance owing when the debtor eventually sells the property after the case is closed. To our knowledge, this is the first Chapter 7 "strip down" ever attempted in this district.

Gregory and Diana Gaylor...

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