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IN RE SMART

Bankruptcy No. 97-31153.

214 B.R. 63 (1997)

In re Michael B. SMART, Elaine M. Smart, Debtors.

United States Bankruptcy Court, D. Connecticut.

October 14, 1997.

Attorney(s) appearing for the Case

George W. Derbyshire, Trumbull, CT, for Debtor-Movants.

Lawrence B. Pellegrino, Berchem, Moses & Devlin, P.C., Milford, CT, for Respondent.

MEMORANDUM OF DECISION ON MOTION TO DETERMINE SECURED STATUS OF CLAIMS

ALBERT S. DABROWSKI, Bankruptcy Judge.

I. INTRODUCTION

This matter presents an interesting question in the continuing wake of Nobelman v. American Savings Bank (In re Nobelman), 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993). In Nobelman, the United States Supreme Court construed Section 1322(b)(2) of the Bankruptcy Code to...

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