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IN RE KELLEY

Bankruptcy No. 092-71408-511. Adv. No. 092-7140-511.

163 B.R. 27 (1993)

In re Michael G. KELLEY and Susan Kelley, Debtors. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, Plaintiff, v. Michael G. KELLEY and Susan Kelley, Defendants.

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

December 6, 1993.

Attorney(s) appearing for the Case

Bennett & O'Shea by James O'Shea, Southampton, NY, for debtors/defendants.

Berkman, Henoch, Peterson & Peddy, P.C. by Ronald M. Terenzi, Garden City, NY, for plaintiff.

OPINION

MELANIE L. CYGANOWSKI, Bankruptcy Judge:

In this adversary proceeding, both parties contest the dischargeability of a mortgage debt and have moved for summary judgment. The mortgagee, First Federal Savings and Loan Association of Rochester ("First Federal" or the "Bank"), contends that the debtors, Michael G. and Susan Kelley (the "Kelleys" or "Debtors"), made material misrepresentations on their mortgage loan application respecting their...

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