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IN RE BESSETTE

Bankruptcy No. 01-20637. Adversary No. 01-2039.

269 B.R. 644 (2001)

In re Robert E. BESSETTE and Kathryn Y. Bessette, Debtors. Robert E. Bessette and Kathryn Y. Bessette, Plaintiffs, v. Bank One, Michigan, Defendant.

United States Bankruptcy Court, E.D. Michigan, Northern Division.

October 30, 2001.

Attorney(s) appearing for the Case

William A. Siebert, Gladwin, MI, for Plaintiffs.

George E. Pawlowski, Grand Rapids, MI, for Defendant.

OPINION GRANTING DEFENDANT BANK ONE, MICHIGAN'S MOTION TO DISMISS

ARTHUR J. SPECTOR, Chief Judge.

Defendant Bank One, Michigan ("Bank One") moves the Court to dismiss the Plaintiffs'/Debtors' adversary complaint to avoid its lien on the Debtors' residential property under 11 U.S.C. § 506(d).1 The Court will grant Bank One's motion because even if the Court assumes that all the allegations of fact in the Debtors' complaint...

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