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IN RE POND

Docket No. 00-5022.

252 F.3d 122 (2001)

In re Richard J. POND and Lorrie A. Pond, Debtors. Richard J. Pond and Lorrie A. Pond, Plaintiffs-Appellees, v. Farm Specialist Realty and Charles Livingston, Jr., Esq., Defendants-Appellants, National Home Equity Mortgage Association, Amicus Curiae.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: May 31, 2001.

Attorney(s) appearing for the Case

David P. Antonucci, Watertown, NY, for Plaintiffs-Appellees.

Anthony Inserra, Watertown, NY, for Defendants-Appellants.

Rudolph J. Meola, Miller & Meola, P.C., Albany, NY, for Amicus Curiae.

Before NEWMAN and CABRANES, Circuit Judges, and THOMPSON, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

We are asked to decide whether, under 11 U.S.C. § 1322(b)(2), Chapter 13 debtors can void a lien on their residential property if there is insufficient equity in the residence to cover any portion of that lien.

Plaintiffs, as Chapter 13 debtors, brought this action to void defendants' lien on their residential property under Section 1322(b)(2) of the Bankruptcy Code, 11 U.S.C. § 1322(b)(2), which permits a Chapter...

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