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IN RE MOONEY

No. 03-14955 K.

301 B.R. 627 (2003)

In re Cynthia MOONEY, Debtor.

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

October 30, 2003.

Attorney(s) appearing for the Case

Don B. Iwanicki, Batavia, NY, for Debtor.

William Ilecki, Tonawanda, NY, for Attica-Wyoming.

MICHAEL J. KAPLAN, Bankruptcy Judge.

Ordinarily, a mortgage payoff figure can be stated with certainty without any regard whatsoever to the market value of the mortgaged premises. But some "subsidized" mortgages involve "recapture" provisions that are pegged to the actual or appraised value of the property at the time the mortgage is satisfied. Such a mortgage poses a question here.

In the Second Circuit, a Chapter...

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