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IN RE ROBERT

No. 03-18304.

313 B.R. 545 (2004)

In re Leo Stephen ROBERT and Nancy Jean Robert, Debtors.

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

August 30, 2004.

Attorney(s) appearing for the Case

Barbara Whipple, Orlando & Barbaruolo, PLLC, Albany, NY, for Debtors.

Brian B. Kumiega, Steven J. Baum, P.C., Amherst, NY, for Secured Creditor.

Mark W. Swimelar, Syracuse, NY, Chapter 13 Standing Trustee.

Memorandum-Decision and Order

ROBERT E. LITTLEFIELD, JR., Bankruptcy Judge.

Upon motion by Leo and Nancy Robert (the "Debtors"), the court is asked to decide whether, under Section 1322(b)(2) of the United States Bankruptcy Code (11 U.S.C. §§ 101 — 1330) ("Code"), a Chapter 13 debtor can strip off a wholly unsecured lien on his residential property without instituting an adversary proceeding. For the reasons stated below, the court concludes...

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