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IN RE RUTLEDGE

Bankruptcy No. 896-86942-478.

208 B.R. 624 (1997)

In re Horace RUTLEDGE, Sr., Debtor.

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

May 15, 1997.

Attorney(s) appearing for the Case

Macco Hackeling & Stern, Huntington, NY, for Yasuda Bank & Trust Co.

Horace Rutledge, Westbury, NY, pro se.

DOROTHY EISENBERG, Bankruptcy Judge.

The Court is called upon to decide whether the Bankruptcy Code will permit a Chapter 13 debtor who is not the original mortgagor under a mortgage, and who has not assumed the mortgage, to cure pre-petition arrears and reinstate the mortgage. The issue arose upon the Court's consideration of the motion by Yasuda Bank & Trust Company U.S.A. ("Yasuda"), a secured claimant, to dismiss the Chapter 13 case of Horace Rutledge (the...

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