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IN RE BURNS

Bankruptcy No. 95-10408.

183 B.R. 670 (1995)

In re Mark W. BURNS, Debtor.

United States Bankruptcy Court, D. Rhode Island.

July 7, 1995.

Attorney(s) appearing for the Case

Gary M. Hogan, Smithfield, RI, for debtor.

Daniel D. Gray, Law Offices of Mark P. Harmon, Newton Highlands, MA, for Federal Home Loan Mortg. Corp.

Andrew Richardson, Boyajian, Harrington & Richardson, Providence, RI, for Chapter 13 Trustee.

DECISION AND ORDER

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on April 12, 1995, on the Motion of Federal Home Loan Mortgage Corporation ("FHL") for Relief from the Automatic Stay, and for leave to evict the Debtor from the property located at 26 Valley Street, Cumberland, Rhode Island.

At issue is whether the Debtor's rights in the property, as of the date of commencement of the case, are superior to those of a pre-petition, foreclosure...

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