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IN RE MARTINY

No. 07-01839 B.

378 B.R. 52 (2007)

In re Edward MARTINY, Susan Martiny, Debtors.

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

October 31, 2007.

Attorney(s) appearing for the Case

Thomas A. Dorey, Esq., Lakewood, NY, Trustee.

Peter D. Grubea, Esq., Buffalo, NY, for the Debtors.

DECISION & ORDER

CARL L. BUCK', Bankruptcy Judge.

The chapter 7 trustee objects to the debtors' claim of a homestead exemption. This dispute involves two issues: whether the debtors may exempt their homestead despite a pre-existing intent to sell the property; and whether the debtors may enhance the value of their homestead exemption by reason of their use of nonexempt assets to reduce balances due on outstanding mortgages.

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