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IN RE PARKS

Bankruptcy No. 98-14477 K.

227 B.R. 20 (1998)

In re Thomas W. PARKS, Jr., Debtor.

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

November 12, 1998.

Attorney(s) appearing for the Case

Judith Reardon, Robinowitz, Cohlan & Dubow, White Plains, NY, Marvin R. Baum, P.C., Ronald W. Zackem, Of Counsel, for The CIT Group/Consumer Finance, Inc.

Steven D. Wisniewski, Buffalo, NY, for Debtor.

MICHAEL J. KAPLAN, Chief Judge.

An interesting question, perhaps of first impression, is raised here. May a person who has inherited mortgaged real estate that is his home, file a Chapter 13 petition and Chapter 13 Plan to redeem the real estate over the objection of the mortgagee, even though the mortgagee obtained a judgment of foreclosure and sale before the real estate was deeded to that person by the executor of the decedent's estate and before the filing of...

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