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IN RE SMITH

Bankruptcy No. 00-85501-478. Adversary No. 801-8084-478.

262 B.R. 594 (2001)

In re Tracy SMITH, Debtor. Tracy Smith, Plaintiff, v. Household Finance Realty Corporation of New York, Defendant.

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

May 21, 2001.

Attorney(s) appearing for the Case

Reno & Artura, by Richard F. Artura, Lindenhurst, NY, for Tracy Smith.

Rubin & Rothman, Islandia, NY, for Household Finance Realty Corp. of New York.

MEMORANDUM DECISION DISMISSING COMPLAINT

DOROTHY EISENBERG, Bankruptcy Judge.

This matter is before the Court pursuant to an adversary proceeding filed by Tracy L. Smith (the "Debtor" or the "Plaintiff") against Household Finance Realty Corporation of New York (the "Defendant") seeking to avoid the Defendant's second mortgage lien pursuant to 11 U.S.C. §§ 506(a) and (d) under the theory that after deducting the first mortgage balance and certain...

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