IN RE DUBACK

No. 04-12247.

330 B.R. 337 (2005)

In re: Raymond and Barbara DUBACK, Debtors.

United States Bankruptcy Court, D. Rhode Island.

August 15, 2005.


Attorney(s) appearing for the Case

Gary M. Hogan, Esq., Gilmore, Rees, Carlson & Cataldo, P.C., Franklin, MA, for Debtors.

Jeffrey C. Blake, Esq., Wyoming, for Creditor, Victoria Cholewa-Sanquedolce.

John Boyajian, Esq., Boyajian, Harrington & Richardson, Providence, Chapter 13 Trustee.


OPINION AND ORDER ALLOWING SECURED CLAIM

ARTHUR N. VOLOLATO, Bankruptcy Judge.

Heard on the Debtors' objection to the secured status of the proof of claim of Victoria Cholewa-Sanquedolce. At issue are questions of: (1) merger; (2) adequacy of description of real property; and (3) the effect of recording a judgment against real estate. For the reasons discussed below, I find that Sanquedolce is a secured creditor and rule that the claim is allowed...

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