IN RE BELLAMY

Bankruptcy No. 5-90-00688, Adv. No. 5-90-0203.

122 B.R. 856 (1991)

In re Jimmie BELLAMY and Cynthia Bellamy, Debtors. Jimmie BELLAMY and Cynthia Bellamy, Plaintiffs, v. FEDERAL HOME LOAN MORTGAGE CORP., Assignee of Comfed Mortgage Co., Inc. and Norton P. Feinstein, Defendants.

United States Bankruptcy Court, D. Connecticut.

January 10, 1991.


Attorney(s) appearing for the Case

Ira B. Charmoy, George W. Derbyshire, Law Offices of Ira B. Charmoy, Bridgeport, Conn., for plaintiffs.

Carla E. Craig, Hertzog, Calamari & Gleason, New York City, Dean S. Cooper, Associate Gen. Counsel, Federal Home Loan Mortg. Corp., Reston, Va., and Richard A. Roberts, Fazzone, Nuzzo & Baille, P.C., Cheshire, Conn., for defendant Federal Home Loan Mortg. Corp.


MEMORANDUM AND DECISION ON COMPLAINT TO BIFURCATE AND VOID LIEN UNDER CODE § 506(a), (d) IN CHAPTER 13 CASE

ALAN H.W. SHIFF, Bankruptcy Judge.

The plaintiffs seek to bifurcate the claim and void the lien of Federal Home Loan Mortgage Corp. ("the defendant")1 under Code § 506(a) and (d),2 to the extent that the allowed amount of that claim exceeds the value of their residence. The plaintiffs...

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