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IN RE WILCOX

Bankruptcy No. 95-10743.

196 B.R. 212 (1996)

In re Shannon WILCOX and Cynthia Wilcox, Debtors.

United States Bankruptcy Court, D. Maine.

May 17, 1996.

Attorney(s) appearing for the Case

Martha Grant, Trustee, Fort Fairfield, ME.

Francis Bemis, Presque Isle, ME.

Norman Trask, Presque Isle, ME, for debtors.

MEMORANDUM OF DECISION

JAMES B. HAINES, Jr., Bankruptcy Judge.

Before me on a stipulated record is the Chapter 7 trustee's objection to Sibyl Higgs' secured claim insofar as it extends to funds she paid Fleet Bank of Maine in satisfaction of its first mortgage on the debtors' real property. The trustee concedes that Ms. Higgs has a valid claim as subrogee, but argues that the claim cannot be a secured claim because Fleet, rather than assigning its...

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