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IN RE BURG

Bankruptcy No. 02-13344 B, Adversary No. 03-1040 B.

295 B.R. 698 (2003)

In re Rebecca A. BURG, Debtor. Rebecca Burg, Plaintiff, v. The City of Buffalo; John G. Schultz; Scott Allan; and Henel-Mattison Holdings, Inc., Defendants.

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

July 11, 2003.

Attorney(s) appearing for the Case

Barry H. Sternberg, Amherst, NY, for Debtor/Plaintiff.

Phillips, Lytle, Hitchcock, Blaine & Huber LLP, William J. Brown, of counsel, Angela Z. Miller, of counsel, Buffalo, NY, for Defendants.

Department of Law, City of Buffalo, Jeffrey E. Reed, of counsel, Buffalo, NY.

CARL L. BUCKI, Bankruptcy Judge.

When she filed her petition for relief under chapter 13, Rebecca A. Burg possessed a bundle of interests that derived from her status as both executrix and heir of her deceased mother. In the present dispute, the underlying issue is whether the automatic stay precludes an in rem tax foreclosure of a house that the mother owned at the time of her death.

Until her death in 1985, Hilda C. Heckler was the owner of real property...

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