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IN RE MERRIAM

Bankruptcy No. 02-10268B. Adversary No. 02-1111B.

333 B.R. 22 (2005)

In re Eugene T. & Doris J. MERRIAM, Debtors. Eugene T. Merriam and Doris J. Merriam, Plaintiffs, v. Chase Manhattan Mortgage Corporation, Defendant.

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

November 9, 2005.

Attorney(s) appearing for the Case

Southern Tier Legal Services, Mark H. Wattenberg, of counsel, Bath, NY, for Plaintiffs.

Phillips Lytle LLP, John T. Sullivan, Jr., of counsel, Chad W. Flansburg, of counsel, Rochester, NY, for Defendant.

AMENDED DECISION & ORDER

CARL L. BUCKI, Bankruptcy Judge.

In this adversary proceeding, the debtors seek to rescind two mortgages pursuant to the authority of the Truth in Lending Act,1 as amended by the Home Ownership and Equity Protection Act ("HOEPA").2 As presented by stipulation to the court, the central dispute is whether the debtors' secured...

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