LUTZ v. MIAMI VALLEY BANK

Civil A. No. 94-558.

192 B.R. 107 (1995)

John M. LUTZ, Appellant, v. MIAMI VALLEY BANK, Appellee, Gary J. Gaertner, Trustee.

United States District Court, W.D. Pennsylvania.

February 10, 1995.


Attorney(s) appearing for the Case

Robert L. Damewood, Northwestern Legal Services, Farrell, PA, for John M. Lutz.

Mark G. Claypool, Knox, McLaughlin, Gornall & Sennett, Erie, PA, for Miami Valley Bank.

Gary Gaertner, Trustee, Pittsburgh, PA.


OPINION AND ORDER OF COURT

AMBROSE, District Judge.

Pending before the Court is the Appeal of Debtor, John M. Lutz, from a final Order of the United States Bankruptcy Court for the Western District of Pennsylvania which denied Lutz's Motion for Valuation of a Secured Claim. Jurisdiction is based on 28 U.S.C. § 158(a). For the reasons set forth below, the Order of the Bankruptcy Court will be reversed.

Lutz executed a Mortgage Note and...

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