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IN RE LUTZ

Bankruptcy No. 91-00705E. Motion Nos. BSK-2, RLD-5 and RLD-7.

164 B.R. 239 (1994)

In re John M. LUTZ, Debtor. MIAMI VALLEY BANK, Movant, v. John M. LUTZ and Gary J. Gaertner, Trustee, Respondents. John M. LUTZ, Movant, v. NO RESPONDENT. John M. LUTZ, Movant, v. MIAMI VALLEY BANK and Gary J. Gaertner, Trustee, Respondents. John M. LUTZ, Movant, v. MIAMI VALLEY BANK and Gary J. Gaertner, Trustee, Respondents.

United States Bankruptcy Court, W.D. Pennsylvania.

February 26, 1994.

Attorney(s) appearing for the Case

Robert L. Damewood, Farrell, PA, for debtor.

B. Scott Kern, Guy C. Fustine, Erie, PA, for Miami Valley Bank.

Opinion

WARREN W. BENTZ, Chief Judge.

Introduction

All of the above matters revolve around a dispute between John M. Lutz ("Debtor") and Miami Valley Bank ("Bank") over the amount and status of the Bank's claim.

The parties agree that the threshold issue is whether the Bank's first mortgage lien is "a claim secured only by a security interest in real property that is the debtor's principal residence" within the meaning of...

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