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IN RE THOMPSON

BAP No. 97-50035, Bankruptcy No. 96-65120.

217 B.R. 375 (1998)

In re Sharon THOMPSON, Debtor. GREEN TREE CREDIT CORPORATION, Creditor-Appellant, v. Sharon THOMPSON, Appellee.

United States Bankruptcy Appellate Panel of the Second Circuit.

Decided February 6, 1998.

Attorney(s) appearing for the Case

W. Bodow, Syracuse, NY, for Sharon Thompson (Debtor).

H. Goldberg, Goldberg & Fabiano, LLP, Syracuse, NY, for Green Tree Credit Corp. (Green Tree).

Before CONRAD, NINFO, BUCKI, Bankruptcy Judges

OPINION

CONRAD, Bankruptcy Judge.

Green Tree appeals1 from an order of Bankruptcy Judge Gerling that denied its motion for summary judgment which claimed Debtor could not modify the rights of Green Tree under § 1322(b)(2) of the Bankruptcy Code.2 The bankruptcy court found that Debtor's mobile home is personalty and denied Green Tree's motion, holding that § 1322(b)(2) applies only to realty...

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