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IN RE PETERSON

No. 04-10109.

313 B.R. 551 (2004)

In re Paulette PETERSON, Debtor.

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

August 31, 2004.

Attorney(s) appearing for the Case

David F. Butterini, Kenmore, NY, for Debtor.

MICHAEL J. KAPLAN, Bankruptcy Judge.

This case squarely presents an issue that the Second Circuit in In re Pond, 252 F.3d 122 (2nd Cir.2001), declined to address when it explicitly (but without guidance) rejected the advice given by one Panel of the 11th Circuit in In re Dickerson, 222 F.3d 924 (11th Cir.2000).

In the Dickerson case, the Panel stated that if it were not...

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