IN RE SMITH

No. 01-12341B.

270 B.R. 557 (2001)

In re Darryl K. & Judith A. SMITH, Debtors.

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

December 12, 2001.


Attorney(s) appearing for the Case

Barbara R. Ridall, Buffalo, NY, for Debtors.

Mentor, Rudin & Trivelpiece, P.C., Kevin M. Newman, of counsel, Syracuse, NY, for The Savings Bank of Utica.

Hodgson Russ LLP, Stephen L. Yonaty, of counsel, Buffalo, NY, for The Savings Bank of Utica.


CARL L. BUCKI, Bankruptcy Judge.

With respect to their homestead, the debtors have moved under 11 U.S.C. § 522(f) to avoid the lien of a deficiency judgment that was granted to The Savings Bank of Utica after its foreclosure of a mortgage on other property of the debtors. In its response, The Savings Bank of Utica argues that the Bankruptcy Reform Act of 1994 excepted such deficiency judgments from lien avoidance. For the reasons stated hereafter, this court...

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