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IN RE KIZELNIK

Bankruptcy No. 94-B-21262 (ASH). Adv. No. 95-5100A.

190 B.R. 171 (1995)

In re Bracha KIZELNIK, aka/dba Bruchie, Debtor. ULSTER SAVINGS BANK, Plaintiff, v. Bracha KIZELNIK, aka/dba Bruchie, Defendant.

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

December 14, 1995.

Attorney(s) appearing for the Case

Howard C. St. John & Associates by Neil H. Ackerman, Kingston, NY, for plaintiff.

Law Office of Shmuel Klein, P.C. by Shmuel Klein, Spring Valley, NY, for defendant.

DECISION RESOLVING MOTION FOR SUMMARY JUDGMENT AND ADVERSARY PROCEEDING

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

This case raises the question whether a tenant or optionee of mortgaged premises, who is otherwise a stranger to the mortgage indebtedness, can block foreclosure sale of the premises by filing a Chapter 13 petition, de-accelerating and reinstating the mortgage and paying the arrears in a Chapter 13 plan.

Defendant-debtor Bracha Kizelnik...

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