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IN RE SHAW

Bankruptcy No. 92-40223. Adv. No. 93-2050.

178 B.R. 380 (1994)

In re Clarence E. SHAW and, Betty Shaw, Debtors. Clarence E. SHAW and Betty Shaw, Plaintiffs, v. FEDERAL MORTGAGE & INVESTMENT CORP. and Statewide Rehab, Inc., Defendants.

United States Bankruptcy Court, D. New Jersey.

March 22, 1994.

Attorney(s) appearing for the Case

Neil J. Fogarty, Hudson County Legal Services Corp., Jersey City, NJ, for debtors/plaintiffs Clarence E. Shaw and Betty Shaw.

Edward A. Dreskin, Newark, NJ, for defendant Federal Mortg. and Inv. Corp.

OPINION

NOVALYN L. WINFIELD, Bankruptcy Judge.

Clarence E. Shaw and Betty Shaw ("Shaws" or "Debtors"), filed a Complaint to cancel a second mortgage held by Federal Mortgage and Investment Corp. ("Federal") and to disallow Federal's proof of claim. In response, Federal filed an Answer and asserted a counterclaim against the Shaws. Federal also filed an Amended Answer. Before the Court is the Shaws' motion requesting Partial Summary Judgment on the following...

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