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IN RE DONADIO

Bankruptcy No. 5-01-00165. Adversary No. 5-01-00103A.

269 B.R. 336 (2001)

In re Albert E. DONADIO and Stephanie L. Donadio, Debtors. Albert E. Donadio and Stephanie L. Donadio, Plaintiffs, v. Countrywide Home Loans, Inc. d/b/a America's Wholesale Lender, and Charles J. DeHart, III, Esquire, Standing Chapter 13 Trustee, as his interest may appear, Defendants.

United States Bankruptcy Court, M.D. Pennsylvania, Wilkes-Barre Division.

September 6, 2001.

Attorney(s) appearing for the Case

Andrew J. Katsock, III, Plains, PA, for debtors/plaintiffs.

Leon P. Haller, Purcell Krug & Haller, Harrisburg, PA, for defendant.

Charles J. DeHart, III, hummelstown, PA, Standing Chapter 13 Trustee.

OPINION1

JOHN J. THOMAS, Bankruptcy Judge.

By this adversary, Debtors' request this Court to make a determination of the amount of the Defendant's secured claim pursuant to 11 U.S.C. § 506(a). The Defendant responded by filing a Motion to Dismiss the Complaint arguing that the underlying mortgage cannot be bifurcated into secured and unsecured claims pursuant...

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