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IN RE WEBSTER

Bankruptcy Nos. 01-65132, 02-61807, Adversary Nos. 02-6070, 02-6088.

287 B.R. 703 (2002)

In re Samuel William WEBSTER, Debtor. Samuel William Webster, Plaintiff, v. Key Bank, Defendant. In re Gregory Lee Wade and Rose Marie Wade, Debtors. Gregory Lee Wade, et al., Plaintiffs, v. Citifinancial, Defendant.

United States Bankruptcy Court, N.D. Ohio, Eastern Division.

November 1, 2002.

Attorney(s) appearing for the Case

Donald M. Miller, Canton, OH, for Debtor.

Phyllis A. Ulrich, Carlisle, McNellie, Rini, Kramer & Ulrich, Cleveland, OH, for Defendant.

MEMORANDUM OF DECISION

RUSS KENDIG, Bankruptcy Judge.

Before the court are two adversary proceedings that were consolidated for decision in the interest of judicial economy. The court must determine whether Chapter 7 debtors can utilize 11 U.S.C. § 506 to avoid inferior mortgages when the balances owed on superior mortgages exceed the property's value.

The court has jurisdiction over these matters pursuant to 28 U.S.C. § 1334(a) and the...

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