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IN RE HIGGINS

Bankruptcy No. 00 B 14390(ASH). Adversary No. 00-3004A.

270 B.R. 147 (2001)

In re Kevin F. and Sue E. HIGGINS, Debtors. Kevin F. and Sue E. Higgins, Plaintiffs, v. Eugene W. Erickson, Defendant.

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

October 30, 2001.

Attorney(s) appearing for the Case

Barr & Rosenbaum, LLP, by Elizabeth A. Haas, Spring Valley, NY, for Plaintiffs-Debtors.

Law Offices of Jeffrey L. Sapir, by Jeffrey L. Sapir, White Plains, NY, for Defendant-Creditor.

DECISION ON SUMMARY JUDGMENT MOTION

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

At issue before me is whether the liens of the mortgage and confession of judgment that secure defendant-creditor Eugene Erickson's claims against plaintiffs-debtors Kevin and Sue Higgins are subject to avoidance. Specifically, the Higginses assert that the mortgage and judgment liens constitute preferences under 11 U.S.C. § 547 and impair their homestead exemption under...

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