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IN RE GRANO

Bankruptcy No. 09-11302 B. Adversary No. 09-1050 B.

422 B.R. 401 (2010)

In re Joseph S. GRANO and Ann Grano, Debtors. Joseph S. Grano and Ann Grano, Plaintiffs v. Wells Fargo Bank, N.A., Defendant.

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

January 29, 2010.

Attorney(s) appearing for the Case

Denis Kitchen, Esq., Williamsville, NY, for Debtor/Plaintiffs.

Berkman, Henoch, Peterson & Peddy, P.C., Bruce D. Mael, Esq., of counsel, Garden City, NY, for Plaintiff.

DECISION & ORDER

BUCKI, Chief Judge.

The issue before the court is whether the rationale of In re Pond, 252 F.3d 122 (2nd Cir.2001) will allow a debtor in Chapter 7 to avoid a second mortgage on real property whose value is fully encumbered by a prior lien. Stated differently, does the Second Circuit's decision in In re Pond create an exception to the limitations on lien avoidance, as stated by the...

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