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IN RE MEDAGLIA

No. 08-12804.

402 B.R. 530 (2009)

In re Peter A. MEDAGLIA, Debtor.

United States Bankruptcy Court, D. Rhode Island.

April 1, 2009.

Attorney(s) appearing for the Case

Edward J. Gomes, Esq., Providence, RI, for Debtor.

Joseph P. Ferucci, Esq., Ferrucci Russo P.C., Providence, RI, for Party-in-Interest, Robert Buonano.

Elizabeth Lonardo, Esq., Harmon Law Offices, P.C., Newton Highlands, MA, for Secured Creditor, National City Real Estate Services, LLC.

DECISION

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Today's decision will overrule this Court's prior rule and practice as to how to determine the winner of the frequently-run race between home-mortgage debtors and foreclosure sale purchasers of their real estate.

This dispute arises from Robert Buonano's (the "Buyer") "Motion for Relief from Automatic Stay in Order to Record a Deed and to Take Possession" of property at 142 South Kilingly Road...

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